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Chapter 1 : Standard Patent System (64 submissions received)<br />

2. Will there be sufficient demand to support an OGP system in Hong Kong? Will it be a cost-effective system?<br />

patent grant in China, then apply for re-registration of the patent in Hong Kong at<br />

reasonable costs. However, if an OGP system is introduced in Hong Kong, he will<br />

need to file a separate patent application in Hong Kong. He is wary that the<br />

additional patent application will create extra costs, uncertainty and delay for an<br />

inventor seeking patent protection in Hong Kong.<br />

does not think there will be demand for the OGP system.<br />

Guy Chan thinks that any system can be cost-effective if the one who runs it wants it<br />

to be. He however opines that the higher the price tag, the lower will be the<br />

demand and the system will end up being a white elephant.<br />

thinks that an OGP system will be cost-effective if substantive examination<br />

is outsourced since the examination can be done by the jurisdiction in which the<br />

applicant wishes to apply for a patent.<br />

A respondent highlights the fact that the number of applications for patents filed<br />

during the past five years is on the low side and the costs will outweigh the benefits<br />

of setting up a separate body or mechanism to deal with patent applications.<br />

A respondent stresses that importance should be placed on promoting innovative<br />

inventions rather than the cost-effectiveness of the system.<br />

A respondent thinks that whether there will be sufficient demand for the OGP<br />

system will depend on whether the OGP system is to replace the short-term patent<br />

system or the standard patent system. He suggests that, for multinational<br />

corporations, the filing strategy is made early on and making the Hong Kong system<br />

more expensive and complicated would increase the risk of such parties not opting<br />

to file in Hong Kong; whereas for smaller companies, they generally file a first<br />

patent in their home country and then decide whether to file elsewhere later and,<br />

because of the small market that Hong Kong represents, filing in Hong Kong is<br />

93

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