Software-Related Patents:
Hong Kong
copyright 1996 Donald M. Cameron, Aird & Berlis
Contents
Statutes
Presently, Hong Kong patents are extensions of United Kingdom patents issued either
through the UK Patent Office or the European Patent Office. The law that applies in the UK
therefore applies in Hong Kong.
However, new legislation is currently being drafted to replace the UK extended legal
system. The new legislation is expected to be enacted prior to July 1, 1997 since any
legislation enacted after June 30, 1997 must be approved by the National People's Congress
of the People's Republic of China.
Although Hong Kong plans to localize patent law, it will not introduce its own search
examination. Instead, the Hong Kong Patents Steering Committee has recommended that Hong
Kong patents be based on the registration of European patents of any member state (not
just the UK). Once registered, Hong Kong courts will have autonomy to adjudicate on all
patent related issues.
Regulations
There are no regulations that deal specifically with the patentability of software.
Case Law
There is no case law that deals specifically with the patentability of software.
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