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?
(c) the patentability standard of short-term patents should be clarified by issue of
examination guidelines.
HKITMP proposes the following changes:
(a) substantive examination before enforcement and not before grant;
(b) clarification of liability for the issuance of groundless threats in relation to
short-term patents;
(c) extend the maximum term of protection to 10 years; and
(d) increase the maximum number of independent claims to three and restrict the
maximum number of claims to 20 to accommodate apparatus, system and
method claims.
Additionally, HKITMP does not consider it necessary to modify the threshold of
patentability of short-term patents.
APAA is of the view that refinement of the short-term patent system as well as
further promotion and public awareness of the benefits of the system are appropriate
in order to stimulate further use of the system and to mitigate the likelihood for
abuse.
APAA does not support the introduction of substantive examination for grant of
short-term patents or lowering the threshold of patentability. APAA proposes the
following changes:
(a) requiring
substantive examination prior to commencement of legal
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