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Following is a question by the Hon Sin Chung-kai and a written reply by the Secretary for Commerce, Industry and Technology, Mr Joseph W P Wong, in the Legislative Council today (June 14):
Question:
The Innovation and Technology Commission (ITC) implements the Patent Application Grant scheme and has appointed the Hong Kong Productivity Council as the implementation agent. In this connection, will the Government inform this Council:
(a) of the measures adopted by ITC to monitor the implementation and effectiveness of the scheme;
(b) whether it plans to commission more organisations or law firms to implement the scheme for patent applicants to choose; and
(c) whether it will expand the funding model of the scheme by reimbursing part of the patent application fees to those local companies or individuals who have applied for and obtained patents at their own expense?
Reply:
Madam President,
The Patent Application Grant Scheme (the scheme) assists companies and individuals who have never applied for any patents to make their first application by providing financial assistance and professional advice. The scheme seeks to support local companies and inventors to protect their intellectual properties through patent applications, and promotes a culture of innovation in the society and relevant industries.
Regarding the Hon Sin Chung-kai’s specific questions -
(a) To monitor the implementation and effectiveness of the scheme, the Innovation and Technology Commission (ITC) requires the Hong Kong Productivity Council (HKPC) to submit monthly and half-yearly progress reports on the operation, progress and implementation problems of the scheme encountered during the report period. To ensure the smooth operation of the scheme, ITC also have regular meetings with HKPC regarding the implementation and problems of the scheme.
From April 1998 to end of March 2006, a total of 1,374 applications for grant were received. The stable number of applications over the years, which set out in the Table, demonstrates that there is a sustained demand for the scheme. Of these applications, 546 have been approved for proceeding to the relevant patent application procedures, and 91 applications are being processed. Among the approved applications, patents have been successfully obtained for 232 cases. Besides, 154 inventions of the approved applications have been successfully commercialised into products or technology for market adoption. This shows that the scheme has been progressing well and has achieved the objective of encouraging local inventors to protect their intellectual properties through patent registration.
(b) As the implementation agent of the scheme, HKPC is responsible for educating the applicants in their patent applications. It conducts patent searches for the applications and performs initial technical assessments on the patentability of the inventions. After the applications have been approved after the initial screening, it assists the applicants to compile the necessary documents and represent them in liaising with the patent agents. In order that the relevant work can be conducted in a professional, impartial and objective manner, that the applicants receive appropriate advice, and that abusive use of the scheme is guarded against, the Administration considers it appropriate for HKPC, being a neutral and non-profit-making organisation, to be the implementation agent of the scheme. We do not have plans to commission more organisations or law firms to implement the scheme at this stage.
Under the scheme, approved applicants may appoint patent agents (including a law firm) of their choice to prepare patent applications to the relevant Patent Offices.
(c) As the scheme only covers first-time applications for patents and seeks to assist the applicants to understand and prepare the applications through the support and participation of the implementation agent (see part (b) of the reply), we consider the current arrangement appropriate and will not revise the current operation model by reimbursing part of the patent application fees to those local companies or individuals who have applied for and obtained patents at their own expense.
Ends/Wednesday, June 14, 2006
Issued at HKT 14:58
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