Pharmaceutical Patents Prosecution and Litigation: Specifics of Procedural Issues and Formalities

Abstract

As an international financial center heavily depending on real estate market, Hong Kong seems to have nothing to do with pharmaceutical patenting. The reality also supports this presumption because there has been very sparse patenting activity and no patent litigation involving pharmaceuticals in Hong Kong. This unique phenomenon can be attributable to SAR’s lack of pharmaceutical industry and the original grant patent (“OGP”) system. This chapter argues that a better-structured patent system based on well-informed patent prosecution procedures will help promote pharmaceutical innovation and industry in Hong Kong. Thus, this chapter intends to introduce the specific procedures of both PCT and national patent prosecution, discuss the special concerns and strategies involving drug discovery process and pharmaceutical patent prosecution and litigation, and most importantly, empirically study the current situation of pharmaceutical patent prosecution in Hong Kong to see what aspects of patent prosecution can be improved to promote innovation and development of Hong Kong’s pharmaceutical industry.