Hong Kong Patent Application
Hong Kong Patents protect inventions, that is products, substances, or processes which are new and inventive. Patent owners have the right to prevent others from manufacturing, using, selling, or importing the invention.
In addition to standard patents, the Hong Kong Intellectual Property Department has also established both short-term patent and appearance design patent systems, to protect the appearance design patents of those inventions and various products only with short-term commercial value.
Types of Application:
1) 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:
- the State Intellectual Property Office, P.R.C.
- the European Patent Office, in respect of a patent designating the U.K.
- the United Kingdom Patent Office.
A standard patent application in Hong Kong, China is made in two stages by filing
Stage 1: Submission of a Stage 1 application to the Hong Kong Intellectual Property Department within 6 months upon the receipt of a formal examination notice after the submission of an application to the State Intellectual Property Office of the PRC, European Patent Office or the United Kingdom Patent Office.
Stage 2: Submission of a Stage 2 application to the Hong Kong Intellectual Property Department within 6 months upon the receipt of the authorisation notice from China, Europe or the United Kingdom.
2) 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:
- a) State Intellectual Property Office of the PRC
- b) European Patent Office
- c) The United Kingdom Patent Office
- d) Any international searching authority (such as: the United States, Japan, Korea and Spain) appointed in the “Patent Cooperation Treaty”
3) Registration of Design: Once the Registration of design is granted, the owner has the right to prohibit the others from making, inputting, using, selling or renting his/her registered product. Registration of an appearance design protects the shapes, decoration and visual aesthetic feeling of a new design, but not including its functions and the method of usage.
Renewable annually after the end of the 3rd year, up to a maximum protection period of 20 years
Renewable once after the end of the 4th year, up to a maximum protection period of 8 years
Registration of Design:
Renewable every 5 years, up to a maximum protection period of 25 years
As drafting the patent documents involves expertise, professional advice on patent agents should be sought. The Patent Application Grant Scheme administered by the Hong Kong SAR Innovation and Technology Commission has accepted applications to provide funds to sponsor local companies and inventors applying for patents in Hong Kong and overseas. CtR is an authorized patent agent in Patent Application Grant (PAG) to support the relevant services.