Report

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?
() (“HKIPA”)
The Hong Kong Institute of Patent
Practitioners ()
(“HIPP”)
The Hong Kong Institute of Trade Mark
Practitioners ()
(“HKITMP”)
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 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 their
patented inventions.
Asian Patent Attorneys Association Hong
Kong Group (
) (“APAA”)
The Law Society of Hong Kong (
) (“The Law Society”)
HKIPA proposes that mechanisms to revoke or invalidate patents other than court
proceedings should be set up together with an OGP system. With the 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 proceedings. This will deter abuse (especially in
respect of short-term patents), protect third parties’ rights, enhance patent stability
and reduce the costs of litigation.
HIPP opines that a “full OGP system” (in which patents are examined by a full team
of examiners in Hong Kong) will help Hong Kong prepare itself to be a regional hub
and develop its own patent professionals for IP trading. Also, the training brought
to Hong Kong to build up its patent profession can be utilised by inventors and
researchers to increase their knowledge and awareness of patent law and then to
provide a stimulating effect on R&D. HIPP does not support an OGP system with
examination outsourced. According to their proposal, a full OGP system should be
introduced in five years’ time.
HKITMP points out that there is no credible empirical evidence supporting the
notion that the presence of an OGP system (with additional costs associated with
pursuing grant) will have any effect on stimulating local innovation. HKITMP also
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