Dr Timothy Letters, a principal of Letters & Thoo, is quoted throughout the article titled, “How Will The Unitary Patent Affect Hong Kong Applications,” that appeared in Managing Intellectual Property on 29 January 2014. In the article, Timothy provides insight regarding whether the Hong Kong Patents Ordinance may currently allow recordal of Unitary Patent rights in Hong Kong. Timothy also comments regarding how method of treatment type claims (now allowable in European patents) may ultimately be interpreted under Hong Kong law.
“There is much judicial guidance from the UK courts relating to the interpretation of Swiss-type claims, the UK being a jurisdiction upon which Hong Kong patent law is based” he explains in the article. “However, until there are more decisions from an influential court such as in the UK as to the interpretation of the new method of treatment type claims format now allowable in Europe, there remains a degree of uncertainty as to the validity and scope of such claims in Hong Kong.”