Report

Chapter 1 : Standard Patent System (64 submissions received)
2. Will there be sufficient demand to support an OGP system in Hong Kong? Will it be a cost-effective system?
OGP system within Hong Kong can be launched.
Kam Wah Law thinks that there will be sufficient demand as the number of
applications for standard patents in Hong Kong is higher than that of applications for
patents in Singapore.
Benny Kong is of the view that the demand for an OGP system is massive – not only
the locals, but also overseas inventors have such a demand.
A respondent thinks that there is no harm to initially maintain a dual OGP and
re-registration system and market forces will decide whether one or both systems
should be maintained.
A respondent notes that it is difficult to forecast whether there will be sufficient
demand to support an OGP system and that whilst an OGP system will be
discouraging to a certain extent for certain inventions or patent applicants, an OGP
system will not be discouraging for products with high commercial potential. He
further opines that the demand should be regarded as sufficient even if only 10% of
the standard patent filings are OGP filings. He estimates that the number of OGP
filings would not fall below 1,000 per year given the high commercial values of
many products in the Hong Kong market. He considers that the issue of whether
an OGP system is cost-effective should be viewed from at least two perspectives,
namely that from a patent applicant and that from the Government. Whilst it is a
purely commercial decision to an applicant as to whether the system is
cost-effective, the Government should assess the cost-effectiveness of the system on
the basis whether the Hong Kong society as a whole would benefit. He considers
that an OGP system would create a more encouraging environment for patent filings
and more job opportunities and promote trading of IP rights. Furthermore, in
comparison to the OGP system in Singapore (which has only half of the population
in Hong Kong) that is considered as cost-effective, the respondent considers an OGP
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