TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 87

Chapter 3

General introduction to patents

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Summary

3.1.

A patent is a form of property which gives to its owner a legal right, in a specified territory and for a limited time, to prevent others from exploiting his invention without his consent. A patent will be granted only if the invention is novel, involves an inventive step and is capable of being applied industrially. In exchange for the right to a patent the owner must disclose the invention to the public. The disclosure of this new technology is of public benefit.

General observations about patent law

3.2.

Common law jurisdictions throughout the world have developed a considerable body of law on patent matters, dealing particularly with the interpretation of what is excluded from protection, what is patentable and what are the rights of the patent owner. The law of patents is complex and often technical, but is relatively settled. The existence of this body of law is valuable to practitioners and businessmen in Hong Kong as it has helped to lay a foundation for inventive activity.

3.3.

Although there is a settled body of common law on patents, there is no international standard of patentability. The question of harmonising patent laws has been considered by a committee of experts and a diplomatic conference held under the auspices of the World Intellectual Property Organisation (WIPO). The committee's work is preparatory to a Treaty supplementing the Convention for the Protection of Industrial Property of 1883 (Paris Convention), as far as patents are concerned.

3.4.

This issue of harmonisation has been discussed also in the current round of trade negotiations, the Uruguay Round, in Trade Related Aspects of Intellectual Property (TRIPS) which are conducted within the General Agreement on Tariffs and Trade (GATT). The conclusion of the Uruguay Round depends on factors unrelated to TRIPS but as at December 1992 the parties had resolved many differences on the harmonisation of patent laws.

3.5.

At the end of this chapter is a comparative table which shows the similarities and differences in approach of some of Hong Kong's trading partners to patent protection. The table uses the European Patent Convention as the standard with which the other systems are compared.

3.6.

Although there are differences in standards it is generally accepted that an invention is a new technological development or idea. There are certain inventions which are generally excluded from patent protection and are therefore incapable of being protected under patent law. For those inventions which are capable of being patented, there are still certain requirements which must be satisfied before a patent can be granted.

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