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Chapter 2 : Short-Term Patent System (50 submissions received)<br />

8. Should we discontinue the short-term patent system altogether?<br />

exaggerated, pointing to the few number of incidents of successful revocation of<br />

short-term patents on patentability ground. It opines that it is a question of whether<br />

the applicant and eventual owner are properly advised and understand what to<br />

expect from a short-term patent registration and therefore the requirement to prove<br />

validity when it is relied upon at trial to secure a finding of infringement.<br />

8.3 Academic Sector<br />

Biochemistry Alumni Association, HKUST<br />

Biochemistry Alumni Association, HKUST is of the view that the short-term patent<br />

system should be maintained and aligned with the changes to the standard patent<br />

system.<br />

8.4 Legal Practitioners / Patent Practitioners<br />

A respondent opposes the discontinuation of the short-term patent system.<br />

QPA Group<br />

Nigel Lee<br />

Kam Wah Law<br />

QPA Group is of the view that the short-term patent system should not be<br />

discontinued.<br />

Nigel Lee opines that the short-term patent system has a unique position and value<br />

in the whole Hong Kong patent system and should not be discontinued.<br />

China Intellectual Property (H.K.) Limited<br />

Anonymous respondent<br />

Kam Wah Law opposes the discontinuation of the short-term patent system (but<br />

considers amendments are required) and comments that the short-term patent system<br />

provides a cheaper and easier alternative to the OGP system.<br />

China Intellectual Property (H.K.) Limited supports discontinuing the short-term<br />

patent system.<br />

8.5<br />

Others HKPC supports the continuation of the short-term patent system.<br />

144

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