Report

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(a)
Lack of control
Given the crucial role played by patent institutions
in shaping innovation incentives, 29 the current
system does not allow control over essential matters
to ensure that it is meeting the changing needs of
Hong Kong. For instance, the time required to
process the designated patent applications (an
average of 25 months in SIPO, and 43.9 months at
EPO), 30 the cost and fee structure, and the patent
standards are, to a certain extent, affected by the
laws and practices of the designated patent offices.
(b)
Inconvenience to local inventors
An applicant who wants to seek patent protection in
Hong Kong alone cannot apply for a standard patent
directly in Hong Kong. He has to first file a patent
application at one of the designated patent offices.
The application takes time and may involve
complicated procedures. It may be costly, as
foreign patent agents have to be engaged and extra
filing costs are charged for filing an application at
the designated office. This extra step of filing the
29
See WIPO, “World Intellectual Property Report 2011 – The Changing Face of Innovation”
(p.12) –
“economic research has come to recognise the crucial role played by patent institutions in shaping
innovation incentives. Patent institutions perform the essential tasks of ensuring the quality of
patents granted and providing balanced dispute resolution. Unprecedented levels of patenting have
put these institutions under considerable pressure. Many patent offices have seen growing
backlogs of pending applications.” “The choices patent offices face can have far-reaching
consequences on incentives to innovate. These include the amount of fees to charge, how to
involve third parties in the patenting process, how best to make use of [Information and
Communication Technologies] and the level and type of international cooperation to pursue. In
making these choices, a key challenge is to reconcile incentives for efficient office operations with
a patenting process that promotes society’s best interest.”
30
The average duration is calculated according to the patent examination pendency between 2005
and 2009 stated in the Annual Reports of EPO and SIPO.