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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? protection. New People’s Party supports the establishment of an OGP system to facilitate those parties who only want to seek patent protection in Hong Kong and will thus promote local innovation. In addition, they consider an OGP system to be instrumental to the training of local expertise to assess patentability. 1.4 Academic Sector Raymond Yiu (Division of Social Science, Hong Kong University of Science and Technology) Dr C W Tso (Adjunct Professor, School of Energy and Environment, City University of Hong Kong) Raymond Yiu supports the introduction of an OGP system in Hong Kong so that indigenous innovation would be encouraged and that an innovation ecosystem would be fostered in Hong Kong. In his view, an OGP system could also enable Hong Kong’s transformation into a regional innovation hub. Given Hong Kong’s reputation and long-standing practice of the rule of law, the establishment of an OGP system could exert a positive and significant impact on the development of the IP-related profession in Hong Kong. Dr C W Tso is of the view that an OGP system can offer the following benefits: Biochemistry Alumni Association, HKUST (a) allow inventors who do not need patent protection elsewhere to apply directly in Hong Kong; (b) save costs for inventors; (c) complement the efforts being made to encourage more entrepreneurs to use Hong Kong as a launching pad for their R&D businesses; (d) stimulate the growth of patent agency business in Hong Kong, and so help build up local expertise in drafting and prosecuting applications for patents; (e) create career opportunities for graduates with science and engineering background; and (f) help fortify the further development of Hong Kong as a regional innovation 69
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? and technology hub. Biochemistry Alumni Association, HKUST is of the view that the proposed OGP system will not only bring abstract IP into more solid, tangible assets in Hong Kong industries, but also provide the niche for multinational corporations and research experts to create their business opportunities with Hong Kong serving as a platform; transforming Hong Kong into an international IP exchange hub. With such function, Hong Kong would definitely attract entrepreneurs, research experts and IP specialists to station and expand their projects; resulting in the creation of more career opportunities for experts of both legal and technical background as well as an atmosphere for the cooperation and collaboration between the industries and the academia to work out the best solutions to fulfil the technological development with marketable commercial values. Patent quality will surely be enhanced and the support of open innovation in universities and research institutes will be promoted. 1.5 Legal Practitioners / Patent Practitioners Richard R. Halstead (UK Chartered Patent Attorney, ex-president of the HKITMP) Chris Murray (Patent Attorney) A group of professionally qualified patent attorneys currently practising in Hong Kong (“QPA Group”): (a) Timothy J. Letters (Registered Australian Patent Attorney, Registered New Zealand Patent Attorney) (b) Laurence Thoo (Registered Australian Richard R. Halstead considers that the present re-registration system has nothing wrong and if some changes have to be made, no structural changes should be introduced: (a) he considers credibility of patents issued to be very important to the system users and the public and that, even by setting up an OGP system, Hong Kong could hardly match up with the efficiency and level of expertise of well-established patent offices such as the United Kingdom Intellectual Property Office (“UKIPO”) and SIPO; (b) he believes, by pointing out that most consumers prefer to use the unified examination system under EPO rather than filing in individual countries, a lack of original patent grant system does not correlate with the ability to innovate; (c) he considers abuse of the patent system by seeking to enforce invalid patents 70
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Table of Contents Executive Summary
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- ii - (A) Standard Patents (a) An
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- iv - (C) Regulation of Patent Age
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- 2 - 1.4 As a supplement to standa
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- 4 - including legal professionals
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- 6 - choice of patent office(s) to
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CHAPTER 3 Standard Patents Options
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- 10 - (c) (d) Providing a better b
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- 12 - (h) The availability of an O
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- 14 - addition to generating IP, i
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(B) International Patent Landscape
Page 25 and 26: - 18 - 3.20 Other Asian economies a
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
Page 49 and 50: - 42 - Section 89(2) further provid
Page 51 and 52: - 44 - area where the Patents Regis
Page 53 and 54: - 46 - about the validity of a shor
Page 55 and 56: - 48 - (C) Increasing the Maximum N
Page 57 and 58: CHAPTER 5 Regulation of Patent Agen
Page 59 and 60: - 52 - Whether to Regulate or Not C
Page 61 and 62: - 54 - (c) In each of the jurisdict
Page 63 and 64: - 56 - Considerations 5.14 In asses
Page 65 and 66: - 58 - 5.22 Instead, the regulatory
Page 67 and 68: - 60 - Annex A Membership List of t
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Chapter 1 : Standard Patent System
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Chapter 2 : Short-Term Patent Syste
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Chapter 3 : Regulation of Patent Ag
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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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HONG KONG MACAO SINGAPORE (f) revoc
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Country Title Maximum term of prote
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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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