TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 40

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機密

22.

The

proposed patent system would enable Hong Kong to continue to comply with the requirements of the Paris Convention. The method of providing for the right of priority under

under the Convention as between the proposed patent for invention and the proposed petty patent will be different.

23.

Under the proposed patent system, an applicant can claim the right of priority for a patent for an invention on an application made for a European patent or a Chinese patent. Registration in Hong Kong of such a patent could not be used by an applicant to claim priority. This is the same as the current situation.

24.

As regards petty patents, it is envisaged that an applicant for a petty patent in Hong Kong will be able to enjoy a right of priority for the purpose of filing in other Convention countries and that Hong Kong will allow claims of priority based on an earlier filing in other Paris Union countries. This will be similar to the current situation regarding trade mark applications.

Patent Cooperation Treaty

25.

The PCT, as revised, seeks to facilitate cooperation among member states in the international filing of patent applications. The United Kingdom extended the application of the PCT to Hong Kong from 15 April 1981.

26.

Under the PCT, an international application may be filed with the national Office of or acting for the member state of which the applicant is a national or a resident. Under a recent amendment, the treaty permits applicants from all PCT member states to file applications with the International Bureau of the World Intellectual Property organization as receiving office, as an alternative to filing with competent national (including regional) Offices as receiving Offices.

27.

The receiving Office for the purposes of the application of the PCT to Hong Kong is currently the United Kingdom Patent Office (UKPO). This enables Hong Kong residents to file an international application under the treaty with the UKPO. This is compatible with the existing system of protection which provides for initial application to be made to the UKPO.

28.

It is considered that once Hong Kong has its independent patent system, it would be desirable if a way could be found for international applications under the PCT to be capable of being filed in Hong Kong. The Hong Kong Government is still considering what administrative arrangements will need to be put in place to achieve this.