TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 49

The

Patent

Office

R+R. (there over pps)

Rod Bunton Esq

Hong Kong Department

Foreign and Commonwealth Office

London SW1A 2AH

Direct line 071-438 4756

*

370/20

RICERED IN RECISTRY

20 JUN 1993

Intellectual Property Policy Directorate

Hazlitt House

45 Southampton Buildings London WC2A 1AR United Kingdom

Enquiries

071-438 4777

Telex 498040 PATOFF G Fax 071-438 4780/4713

Our ref IPP 44480

Your ref

Date 17 June 1993

Dear Rod

1.

**SK C-

R

PA

REGISTRY Action Taken

HONG KONG: PATENTS REFORM

Further to our telephone conversation of today, please find enclosed a copy of the Patent Cooperation Treaty (PCT).

2. Some of the information and questions which I put to you over the phone are in earlier correspondence from us to the FCO, most recently in a letter from Cedric Hoptroff to Annadale Bouch. However, even though I have now explained the areas of concern over the phone, I believe it will be most helpful if I repeat as much of the detail as possible here.

3. One of the proposals in the Report on Reform of the Hong Kong Patent System is that Hong Kong should become a receiving office for the purposes of the PCT. (A receiving office is able to receive international patent applications and must then carry out certain formalities with respect thereto.) The UK is a contracting state of the PCT and this membership has been extended to Hong Kong. One possible option could be for Hong Kong to become a contracting state in its own right in which case it would automatically have the right to be a receiving office. It would therefore be most helpful if we could have an FCO view on whether this is possible and whether, for example, China would need to be involved in any decision. China is not currently a contracting state of the PCT itself but may become one next year.

4. Another option would be for Hong Kong to become a branch office of the UK Patent Office for the purposes of receiving office functions. However, this could clearly not continue after 1997 so an FCO view on the desirability of this would be welcome. Additionally, we would like some advise on whether this would enable international patent applications to be

An Executive Agency of the Department of Trade and Industry