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?
GS1 Hong Kong (a) extend the maximum term of protection to 10 years; and
(b) impose no restriction on the number of claims.
On the other hand, AmCham also urges caution in making changes to the threshold
of patentability for short-term patents.
HKGCC in principle supports substantive examination before commencement of
infringement proceedings if the patent was granted on the basis of an “unclean”
report. Either the patent owner or a third party should be able to request
examination with the costs being borne by the requesting party. As regards the
term of protection, the number of claims and the threshold of patentability, HKGCC
suggests that the existing position of the system be maintained.
LESC-HK is not convinced the short-term patent system promotes local innovation
but agrees that the short-term patent system could be retained until the community is
more sophisticated in IP protection. It suggests extending the validity of short-term
patents from eight to 10 years. It also recommends that more education to be
provided to the community on the enforceability of a short-term patent if short-term
patent system is to be maintained.
GS1 Hong Kong suggests introducing the following changes to the short-term patent
system:
(a) if the short-term patent is granted on the basis of an “unclean” search report,
the patentee should not be permitted to enforce the patent by any legal action
unless and until (i) the patentee is able to amend the patent with the support of
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