Report

Chapter 2 : Short-Term Patent System (50 submissions received)
7. Should we retain the current short-term patent system in its existing form, or should we introduce changes to the system? If the
latter, what sort of changes should be introduced?
Organisations / Individuals Views / Concerns
7.1 Industrial / Trade Associations
CMA
HKAPIA
TMHK
HKEIA
HKMFS
CMA supports the extension of the term of protection for short-term patents from
eight to 10 years so as to offer better protection to patent owners. This will
motivate SMEs in Hong Kong to invest more in R&D. This will also be in line
with the practices of countries having a lesser patent system, such as Mainland
China, Germany, Japan and Denmark.
HKAPIA, TMHK, HKEIA, HKMFS and PVCHK all consider the current short-term
patent system could be retained at this stage with a possible extension of the term of
protection from eight to 10 years. But all object to the introduction of substantive
examination of short-term patents.
PVCHK
FITMI
FITMI opines that the short-term patent system should be retained independently of
the introduction of an OGP system.
FHKI
AmCham
FHKI considers that there have not been many applications for short-term patents
and no changes are necessary. The Government may consider expanding the
period of validity of a short-term patent from eight years to 10 years.
HKGCC
LESC-HK
AmCham suggests introducing simplified court procedures to challenge the validity
of short-term patents. Other changes proposed are:
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