TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 4

ANNEX

PROPOSED INDEPENDENT PATENT SYSTEM

1.

The proposal that patents granted by the European Patent

Office (EP patents) and by the Chinese Patent Office may be

registered to secure independent Hong Kong patents seems

sensible, but we are concerned about a number of points, the

most important of which is the effect of the proposal on small and medium size enterprises (SMEs).

2. If only EP patents may be registered, SMES will be denied the much cheaper route to a Hong Kong patent which is currently available by registration of patents granted by the UK Patent Office (UK patents). Whilst recognising the desire

of Hong Kong to distance itself from reliance on the UK Patent

Office, there seems no reason to do this before 1997 or before

Chinese patents can be registered. A UK patent would seem at

least as good a match for the requirements identified in the

PSC report as an EP patent and a good deal less expensive.

3.

We therefore urge that the proposal (in the short term,

at least) to restrict the system to one in which only EP

patents can be registered should be reconsidered. If for

political reasons it is expedient to recognise the work of

patent offices other than the UK, then we suggest that from

the outset UK, EP and Chinese patents should be registerable.

TIME LIMITS FOR REGISTRATION IN HONG KONG

4.

The two stage registration system requiring registration

of an application in Hong Kong within six months of

publication of an EP application followed by a request for grant in Hong Kong within six months of the grant of an EP