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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? (d) rename short-term patent as “utility patent” so as to be consistent with Macao and avoid confusion to foreigners. A respondent suggests a number of changes: (a) substantive examination can either be an option or made compulsory after one year, and it should be made a condition for commencement of infringement proceedings with the patent owner bearing the costs; (b) the term of protection be extended to 20 years with substantive examination; and (c) extension of the number of claims to a maximum of 20 claims and a maximum of three independent claims with no restriction on claim dependencies. He does not consider a change in the threshold of patentability to be advisable for fear of uncertainty. A respondent thinks that substantive examination should not be made mandatory but be imposed selectively and when the short-term patent is considered to have infringed the patent of another person. Substantive examination should then be a condition for commencement of the infringement proceedings. The costs for substantive examination should be borne by the owner of the short-term patent if there is found to be infringement, or the party suing for infringement if there is found to be no infringement on the part of the short-term patent owner. Other changes proposed by the respondent are the extension of the term of protection to 10 years and the relaxation of the maximum number of claims to five. The respondent 141
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? does not think that the threshold of patentability should be varied. 142
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Table of Contents Executive Summary
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- ii - (A) Standard Patents (a) An
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- iv - (C) Regulation of Patent Age
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- 2 - 1.4 As a supplement to standa
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- 4 - including legal professionals
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- 6 - choice of patent office(s) to
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CHAPTER 3 Standard Patents Options
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- 10 - (c) (d) Providing a better b
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- 12 - (h) The availability of an O
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- 14 - addition to generating IP, i
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(B) International Patent Landscape
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- 18 - 3.20 Other Asian economies a
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- 20 - Kong, design and innovation,
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- 22 - world-class business profess
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- 24 - (a) Lack of control Given th
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- 26 - (b) Autonomy An OGP system w
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- 28 - the OGP system so as to attr
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- 30 - (f) Costs Considerable costs
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- 32 - the consensual views from th
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- 34 - (f) Depending on users’ ac
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- 36 - examination before commencem
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- 38 - Kong. This should not only h
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- 40 - (d) Who should pay for the c
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- 42 - Section 89(2) further provid
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- 44 - area where the Patents Regis
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- 46 - about the validity of a shor
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- 48 - (C) Increasing the Maximum N
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CHAPTER 5 Regulation of Patent Agen
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- 52 - Whether to Regulate or Not C
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- 54 - (c) In each of the jurisdict
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- 56 - Considerations 5.14 In asses
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- 58 - 5.22 Instead, the regulatory
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- 60 - Annex A Membership List of t
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Chapter 1 : Standard Patent System
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Page 97 and 98: Chapter 1 : Standard Patent System
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Page 181 and 182: Other Comments Regarding the Patent
Page 191 and 192: Annex C Comparison of Key Features
Page 193 and 194: Extension of patent term HONG KONG
Page 195 and 196: Application and grant procedures HO
Page 197 and 198: HONG KONG MACAO SINGAPORE After rec
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HONG KONG MACAO SINGAPORE (f) revoc
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Country Title Maximum term of prote
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Country Title Maximum term of prote
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Annex F An Overview of the Patent A
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Jurisdiction Regulatory Body New Ze
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Jurisdiction Regulatory Body United
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