TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 77

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1.23.

Practical arguments favour the continued use of English as the primary language of Hong Kong's patent system. English is widely used in Hong Kong's business community. It is the primary language used by overseas investors in Hong Kong's manufacturing industries. It is the international language of technology. In Hong Kong patent practitioners and most inventors are likely to be familiar with English in their field. Precedent from the patent law of other common law countries is in English. The needs of both Hong Kong and overseas businessmen will be met if the patent to be registered in Hong Kong can be applied for in English in the patent office which grants it. It will avoid the need for expensive translations if the patent to be registered in Hong Kong can be obtained in English from the patent office which grants it (paragraphs 5.44, 5.45, 8.12 to 8.18).

1.24.

There are advantages in registering a patent which gives protection in a number of countries. In recent years there has been a marked increase in the number of European patents (UK) registered in Hong Kong and a corresponding decline in the registration of United Kingdom patents (paragraph 7.6). It is likely that businesses which apply for a European patent (UK), in preference to the less costly United Kingdom patent, do so because they are applying also for the European patent designating one or more other member states of the European Patent Convention (EPC). A regional patent office which serves a broadly based group of countries is also likely to be financially and politically secure (paragraphs 5.46 to 5.49).

1.25.

The strength of the patent, its use in a market where Hong Kong and Hong Kong's major trading partners have substantial trade, its conformity with international standards, its familiarity to practitioners in Hong Kong, the fact that it can be obtained in English and that the patent office which grants it has a secure future, are factors that have led us to opt for registration of European patents granted by the European Patent Office (paragraphs 9.33 to 9.36). Hong Kong's present patent system allows registration of a European patent designating the United Kingdom only. The registration of all European patents will widen the range of patents registerable in Hong Kong. It will not be a radical departure from Hong Kong's existing system and will not therefore risk uncertainty nor require complex saving provisions to ensure the continued validity of existing patents (paragraphs 8.24 to 8.26).

Registering patents from the Chinese Patent Office

1.26.

Hong Kong's needs have led us to opt for registration of European patents granted by the European Patent Office (paragraphs 9.33 to 9.36). Nevertheless, we recognise the special relationship that exists between Hong Kong and China, a relationship that calls for the registration in Hong Kong of patents granted by the Chinese Patent Office. If Hong Kong were to register patents from more than one patent jurisdiction, it would be difficult to adjudicate on and reconcile patent rights (paragraphs 5.10 to 5.22). Recent developments in China's patent law will lessen the difficulty of registering patents from the two distinct systems but there are a number of administrative difficulties which will delay the introduction of registering Chinese patents for a period of one to two years after bringing into effect the changes to our patent system which we propose (paragraphs 5.50 to 5.55, 9.37 to 9.40).

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