TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 94

22

EPO

China

Scope

Chapter 3 Table

Approach of some of Hong Kong's trading partners to patent protection

Priority Novelty

Industrial application

Eligible applicant

Term

Remedies

Standard

Any invention,

subject to

exceptions

such as referred

Standard -

Standard

Recognises

Absolute.

priority

from

Must not

filings in of the

form part

state of

the art

to in para. 3.7.

other

members

of the

i.e. by written

Standard

must be capable of being

industrially applicable.

Standard

The inventor

or his

successor in title.

Standard

-

20 years from application.

-

Standard Civil, but not criminal, action for restraint of infringement - for such rights, see para. 3.13 & 3.14.

Paris Union.

or oral

description

or by use.

Currently excludes

Standard

Absolute for

Standard

chemical compounds

although processes

publication, national for

use

for manufacturing such compounds can be patented.

(See Note)

Only the inventor can apply, and then there is usually an assignment to the employer

etc

15 years from application (See Note)

Note: Amendments to provide protection for pharmaceutical products and chemical substances and

to extend the term to 20 years will take effect from 1st January 1993.

Standard plus the availability of criminal sanctions