TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 93

(v)

(vi)

search and examination formalities may be less or may be dispensed with altogether; and

the term of protection is usually between 5-10 years.

patent ght of

3.30.

Petty patents are considered in chapters 11 to 13 of this report.

: apply where ter the

:s to it allow

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Under ✓ time er 14.

ed the claim The

n the ng in

Patent and design protection distinguished

3.31.

The difference between patent law and the law of designs is, broadly, that the law of designs protects outward appearance or shape, whereas a patent protects an invention

or the underlying function or idea.

—

3.32.

The distinction becomes blurred because sometimes the shape of an object is essential for the object to perform in an intended way. In such a case it is said that shape is "dictated" by function, and the law in the United Kingdom and Hong Kong denies design law protection to such objects. In some cases a patent will protect the appearance of an object; for example where the appearance of an object can be achieved only by the application of a patented process. Paragraphs 11.17 to 11.25 discuss design protection.

nt by other

tion. 1 the

may

than

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