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- 17 - 3.17 More relevant to the present review are economies which were or are on a similar post-GATT path of economic development as Hong Kong, such as Taiwan, Korea and Singapore (these four economies collectively referred to as “Newly Industrialized Asian Economies” by the Organization for Economic Cooperation and Development). 3.18 Taiwan and Korea adopt an OGP system, with their patent laws tracing back to 1949 and 1961 respectively. Singapore used to re-register UK patents and European patents designating the UK. In 1995, Singapore established its current OGP system, with substantive examination outsourced to other examination authorities. It has recently passed the Patents (Amendment) Bill which, inter alia, has proposed to move the OGP system in Singapore from a “self-assessment” to a “positive grant” patent system. 20 At the same time, the Intellectual Property Office of Singapore (IPOS) is developing in-house search and examination capabilities in key technological areas. According to the website of IPOS, the in-house search and examination (with training supported by EPO and Japan Patent Office) is expected to start operations by mid-2013. 3.19 These Asian economies are well-known for their R&D capabilities. Innovation continues to be an important driver for their future economic growth. The experiences of Singapore and Korea in adopting a proactive patent policy have been commended. 21 20 21 Under the “self-assessment” system, patent applications that do not fully meet patentability requirements, that is, novelty, inventive step, and industrial applicability, can still be granted. Singapore is moving towards a “positive grant” system, where only applications that fully meet the patentability requirements can be granted. See K Idris, “Intellectual Property: A Power Tool for Economic Growth”, WIPO, 2003 (www.wipo.int/freepublications/en/intproperty/888/wipo_pub_888_1.pdf) – “Using patents for economic development requires a pro-active patent policy (PPP) intrinsically related to economic development. The experiences of Singapore and the Republic of Korea with patent policy confirm the importance of a pro-active approach…. Handled properly, patents are efficient drivers of national innovation, R&D, product creation and business transactions that have beneficial macro and micro economic effects.” (p.17, emphasis added).
- 18 - 3.20 Other Asian economies are following a similar approach. Malaysia adopted a patent re-registration system until 1986, and Brunei Darrussalem, until 2011. Both now adopt an OGP system. Other ASEAN (Association of Southeast Asian Nations) countries like Thailand, Vietnam and Indonesia have also established their own OGP systems. 3.21 Mainland China, which has risen since the late 1970s and now become the “world factory”, promulgated its patent law to provide for an OGP system in 1984. Annual patent applications in 2010 amounted to over 390,000, bringing SIPO to the second place in terms of filing volume among patent authorities in the world. 22 Apparently, IP protection as a policy tool is central to China’s quest for industrialisation and economic development. 3.22 A research survey of the 60 largest economies in terms of the GDP shows that 59 economies have their own OGP systems (in 1997), including economies similar in size to that of Hong Kong such as Israel, Finland and Singapore, as well as smaller economies such as Hungary and New Zealand. 23 3.23 The world patent landscape as discussed above suggests a certain degree of correlation between adopting, or migrating to, an OGP system and the stage of economic development. 3.24 To reduce duplication in efforts by applicants as well as by patent offices adopting an OGP system, it seems there is an increasing reliance on international cooperation. Through the Patent Cooperation Treaty (PCT) administered by WIPO, a national or resident of a PCT contracting state may file one “international application” with a single patent office, or with the International Bureau of WIPO in Geneva, in one language and with a single set of forms (and fees) instead of filing 22 23 See WIPO, “World Intellectual Property Indicators - 2011 Edition” (pp.39, 40). See Josh Lerner, “150 Years of Patent Protection”, NBER Working paper, National Bureau of Economic Research, 2000 (pp. 10-15 and Table 1) (www.nber.org/papers/w7478).
Page 2: Table of Contents Executive Summary
Page 5 and 6: - ii - (A) Standard Patents (a) An
Page 7 and 8: - iv - (C) Regulation of Patent Age
Page 9 and 10: - 2 - 1.4 As a supplement to standa
Page 11 and 12: - 4 - including legal professionals
Page 13 and 14: - 6 - choice of patent office(s) to
Page 15 and 16: CHAPTER 3 Standard Patents Options
Page 17 and 18: - 10 - (c) (d) Providing a better b
Page 19 and 20: - 12 - (h) The availability of an O
Page 21 and 22: - 14 - addition to generating IP, i
Page 23: (B) International Patent Landscape
Page 27 and 28: - 20 - Kong, design and innovation,
Page 29 and 30: - 22 - world-class business profess
Page 31 and 32: - 24 - (a) Lack of control Given th
Page 33 and 34: - 26 - (b) Autonomy An OGP system w
Page 35 and 36: - 28 - the OGP system so as to attr
Page 37 and 38: - 30 - (f) Costs Considerable costs
Page 39 and 40: - 32 - the consensual views from th
Page 41 and 42: - 34 - (f) Depending on users’ ac
Page 43 and 44: - 36 - examination before commencem
Page 45 and 46: - 38 - Kong. This should not only h
Page 47 and 48: - 40 - (d) Who should pay for the c
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Page 55 and 56: - 48 - (C) Increasing the Maximum N
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Page 63 and 64: - 56 - Considerations 5.14 In asses
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Chapter 1 : Standard Patent System
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Other Comments Regarding the Patent
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Annex C Comparison of Key Features
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Extension of patent term HONG KONG
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Application and grant procedures HO
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HONG KONG MACAO SINGAPORE After rec
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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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