Patent
Standard and short-term patents
There are two types of patent in the HKSAR
* standard and
* short-term
Protection under standard patents is renewable annually for a maximum term of 20 years. Protection under short-term patents is renewable after four years from filing, for a maximum term of eight years.
You need to file an application with the Patents Registry of the Intellectual Property Department. Applying for a patent elsewhere in the world or in other regions of China does not automatically give you protection in Hong Kong, China.
❁Applying for a standard patent
The grant of a standard patent in Hong Kong, China is based on the registration of a patent granted by one of three patent offices, called 'designated patent offices'
* the State Intellectual Property Office, People's Republic of China
* the European Patent Office, in respect of a patent designating the United Kingdom
* the United Kingdom Patent Office.
A standard patent application in Hong Kong, China is made in two stages by filing
* a request to record the designated patent application, that is the Chinese, EP(UK) or UK published patent application (stage 1)
* a request for registration and grant in Hong Kong, China of the Chinese, EP(UK) or UK granted patent (stage 2).
First stage
A request to record need to be filed in Hong Kong, China within six months after the publication of the designated patent application in the designated patent office.
Second stage
A request for registration and grant need to be filed in Hong Kong, China at the latest within six months after publication of the request to record in Hong Kong, China, or the grant of the designated patent by the designated patent office.
❁Applying for a short-term patent
The grant of a short-term patent in Hong Kong, China is based on a search report from an international searching authority or one of three designated patent offices.
In general, there is no time limit for filing a short-term patent application in Hong Kong, China. But if you wish to claim priority from a first application in a Paris Convention country or World Trade Organization member territory you should file your short-term patent application in Hong Kong, China within 12 months of filing the first application.
If your invention has been disclosed and you claim that the disclosure does not prejudice your invention's novelty (section 109, Patents Ordinance) you should file your short-term patent application within 6 months of the disclosure.
Search report
To support an application for a short-term patent you need to file a search report from one of the following searching authorities
* an international searching authority under Article 16, Patent Co-operation Treaty;
* the State Intellectual Property Office, People's Republic of China;
* the European Patent Office;
* the United Kingdom Patent Office.
Design
Formality examination
There is no substantive examination of the application and the Designs Registry does not search records of prior registered designs.
Registration and publication
If an application is in order, we will register the design, publish the registration in the Hong Kong Intellectual Property Journal and issue a certificate of registration.
Usually a certificate of registration can be issued within two months after an application is filed. A registered design owner can bring civil proceedings for infringements committed after the certificate of registration is issued.
Duration of registration
The registration of a design lasts for five years beginning from the filing date. It may be extended for additional periods of five years, up to a maximum of 25 years from the filing date.