TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 63

1

3

(IHK)

isk of Copy

Patented items He change over

fringement

This means

Perceived

EPO

7.

advantages of registering patents granted by the

The Committee highlighted in its Report the following key factors for opting for a system of grant after registration of a patent granted by the EPO -

(a)

(b)

(c)

(d)

(e)

the reputation of the EPO:

the

same standards and ambit of protection as that of the current system in Hong Kong:

the high level of trade HK and its major trading partners has with those European countries which are members of the European Patent Convention;

the high number of applications made to the EPO from an international spread of applicants; and

continuity with Hong Kong's current patent law and system which already provides for the registration of those European patents which by designating the United Kingdom have become United Kingdom patents.

Implications for United Kingdom patents

8.

Under the

PSC's proposal,

European patents designating the UK will still be capable of being in HK, but not UK patents granted under the

registered

Patents Act 1977.

?

9.

will and

in

people wanting will protection

gain

in 11k must- for

The transitional provisions of the new systen provide continued protection for patents registered It force in HK on introduction of the new system. also allow for those who have taken initial steps to protection

under the present system e.g. by applying a patent in the UK Patent Office, to obtain protection

register their under the new system. inventions withth EPO which is

more costly than getting a un patent registeri

D

it with as in the

situation.

Chinese patents

10.

The PSC recognizes the difficulties which could arise from registering patents from more than one system, In view of HK's

special relationship with China and the recent changes to Chinese patent law, the PSC recommends that two years after the introduction of the new system, Chinese patents should also be registrable on the same basis ав European patents. The two year deferral is to ensure a Smooth introduction of the new system and to enable HKG to liaise with the CPO to ensure that, in practical terms, Chinese patents could be registered on the basis set out in the proposed Patents Bill for the new system.

/11. The