Report

Annex B
Summary of Comments Received from Public Consultation
Chapter 1 : Standard Patent System (64 submissions received)
1. What benefits will an OGP system bring to Hong Kong? Will an OGP system promote local innovation and enhance patent quality?
Organisations / Individuals Views / Concerns
1.1 Industrial / Trade Associations
The Chinese Manufacturers’ Association of
Hong Kong ()
(“CMA”)
Hong Kong Auto Parts Industry Association
() (“HKAPIA”)
The Toys Manufacturers’ Association of
Hong Kong () (“TMHK”)
The Hong Kong Electronic Industries
Association () (“HKEIA”)
Hong Kong Metal Finishing Society (
) (“HKMFS”)
The Professional Validation Council of
Hong Kong Industries (
) (“PVCHK”)
Hong Kong Federation of Innovative
Technologies and Manufacturing Industries
CMA is of the view that by the introduction of an OGP system, enterprises will be
motivated to use Hong Kong as a base for their research and development (“R&D”)
businesses, which may in turn promote Hong Kong as a regional innovation and
technology hub. At the same time, the growth of patent agency business in Hong
Kong could be stimulated and the room for development of provision of
professional services could be broadened.
HKAPIA, TMHK, HKEIA, HKMFS and PVCHK opine that more flexible
examination procedures with utilisation of local resources can be adopted under an
OGP system. They further opine that the examination procedures could be
expedited under a local OGP system so that a patent could be granted to an applicant
sooner. Also, if an OGP system is introduced in Hong Kong, local enterprises
could communicate directly with Hong Kong patent practitioners without language
barrier. Concepts of inventions could be conveyed to the patent practitioners more
clearly and accurately. The scope of the patents could therefore be more precise.
Since patents could be granted to applicants in a shorter time if an OGP system is
introduced in Hong Kong, local innovation could be promoted as inventors could
generate revenue sooner from the patented inventions.
HKAPIA, TMHK, HKEIA, HKMFS and PVCHK propose that mechanisms to
revoke or invalidate patents other than court proceedings should be set up together
with an OGP system. With revocation or invalidation procedures set up on the
basis of an OGP system, public or related parties can have an efficient and
economical way to object to the grant of a patent without the need to resort to court
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