Report

Chapter 1 : Standard Patent System (64 submissions received)
4. Should the current re-registration system be maintained, and, if so, should the system be modified as appropriate, including
expansion to recognise the patents granted by other jurisdiction(s), and, if so, which jurisdiction(s)?
(c) standards and quality of patents issued are well respected internationally; and
(d) common law jurisdiction.
Biochemistry Alumni Association, HKUST is of the view that the re-registration
system should be maintained, with recognition of patents granted by the patents
offices in the US, Japan, Korea and Germany, as an alternative in the transitional
stage for easier implementation of the new patent system.
4.5 Legal Practitioners / Patent Practitioners
QPA Group
King & Wood
Danny Chan
Nigel Lee
Kam Wah Law
Sam Yip
China Intellectual Property (H.K.) Limited
A majority of the respondents in this group support the retention of the current
re-registration system.
Specific Views
A respondent proposes that the current re-registration system should be maintained
for a while and during the transition period, a patent applicant can choose to make
either an OGP application or a re-registration application. He objects to the
expansion of the system to recognise patents granted by other jurisdictions for the
following reasons: (a) there are historical reasons for the choice of the current
designated patent offices and expansion of the system to other patent offices is
inconsistent with the historical reasons; and (b) complications will arise from the
different standards on patentability under the laws of other jurisdictions.
Benny Kong
Anonymous respondents
QPA Group recommends the following modifications:
(a) introduction of a “modified examination” patent system; and
(b) expansion of the patent system to include a 20-year Hong Kong standard
patent, which may be filed as a “first filing”, “convention filing”, or “PCT
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