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CtR Intellectual Property Co.

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Hong Kong patent application

The First Stage In The Hong Kong Patent Application Process Explained

When applying for a standard Hong Kong patent, there are two main stages of the process. Here, we will discuss the first stage including where, when and what to file. Due to the complex nature of the patent application process, we strongly recommend hiring an experienced patent agent or lawyer specializing in patents and trademarks.

 

Where to File

In Hong Kong, the grant of a standard patent can be made by one of these three patent offices, known as designated patent offices.

  • The State Intellectual Property Office of the People’s Republic of Chine
  • The United Kingdom Patent Office
  • The European Patent Office where the patent designates the United Kingdom as the designated patent area

 

In case of a standard patent application filed in Hong Kong, an administrative region of China, the process occurs in two stages, namely:  (The applicant files the following documents in two successive stages)

  • In stage 1, a formal request to record the designated patent application (i.e., Chinese, European Patent, or United Kingdom Patent-published)
  • In stage 2, a formal request for registration and grant in either of these designated patent offices

 

Keep in mind that there are processes and papers as well as pros and cons required in these two stages. While these can be conducted on a do-it-yourself basis, these can become overwhelming for a non-lawyer or non-expert in patent applications.

 

When to File

The request to record a Hong Kong patent application should be made within six months after the publication of the patent application in one of three designated patent offices.

 

What to File

The patent application process is paper-heavy in the sense that numerous documents are required. These include but aren’t limited to:

  • Patents Form P4 for the request to record
  • Certified copy of the published designated patent application
  • Abstract of the patent in both the Chinese and English languages
  • Title of the invention in both the Chinese and English languages
  • Full name and address of the applicant

 

The applicant may also be required to provide a copy of an assignment (i.e., if the applicant isn’t the person stated in the application) or a statement identifying the inventor (i.e., in case the inventor isn’t named in the application).

 

Also, the applicant can appoint an patent agent. In this case, the agent must notify the Registrar of his address where he resides or performs business activities.  Of course, the agent will require fees for his services and these fees aren’t included in the filing and advertisement fees required by the designated patent offices.

 

Currently, the filing fee is HK$380 and the advertisement fee is HK$68. These amounts apply within 30 days of the earliest filing of any part of the applicant’s request to record.

 

Even for applicants who have completed these steps, there will likely still be issues concerning the patents. These issues can range from the novelty to the usefulness of the invention, as well as in the technicalities of the filing process. Again, an expert in the Hong Kong patent process will be useful in ironing out the kinks.

 

As the patent application needs professional knowledge and experience, we suggest hiring an experienced patent agent for individuals and organizations. For details of the Hong Kong patent registration, please contact us for free consulation.

 

 

CtR Intellectual Property Co.

Hong Kong Patent Application Grant Authorised Patent Agent

Offering Professional Patent and

Hong Kong Trademark Application & Related Services

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Who Can Apply For Hong Kong Patents?

First off, keep in mind that applying for a China patent and in other countries doesn’t automatically provide patent protection in Hong Kong, and vice versa. Indeed, it’s important to file the appropriate patents in countries where the inventor wants his or her invention, whether a product or a process, to have protection!

 

With that being said, the important question is: Who can apply for Hong Kong patents? Under the Hong Kong trademarks laws, there are three types of applicants – individual, incorporated, and unincorporated. The applicant types are clearly stated on the Hong Kong patent application forms including Forms P4, P5 and P6 as well as P19.

 

Individual

The “Individual” applicant type refers to a natural person or natural persons applying for the patent jointly. The natural person may or may not be a resident and/or a citizen of Hong Kong, such as in cases where an inventor wants patent protection for his invention in Hong Kong.

 

There are also cases when a sole proprietorship and a partnership, both of which should be established in Hong Kong, files for patent protection. The rules for the names to be stated on the application are as follows:

 

  • For a sole proprietorship, the name of the sole owner and the name of his company should be stated but the box marked “Individual” should be checked. For example, Jack Chan trading as Chan & Co.

 

  • For a partnership, the names of the partners followed by the legal name of the company should be listed. At least two partners should be listed in case there are several partners. Again, the box marked “Individual” should be checked. For example, Jack Chan and Michael Yeoh trading as Chan & Yeoh.

 

The patent application is considered as a joint application so there’s joint ownership of the patent, if it’s approved.

 

Incorporated

For corporations incorporated in and outside of Hong Kong, the box marked “Incorporated” should be checked. Be sure to indicate the country or territory or area of incorporation where the corporation was established in the appropriate field of whatever form being used.

 

The information may also be entered by the Register of Patents in its database. The purpose: to enhance the transparency of the public records and to identify the patent applicant.

 

Unincorporated

Emphasis must be made that unincorporated associations and organizations aren’t considered as legal persons under the laws of Hong Kong. But an unincorporated entity can have legal capacity to own property including patents, a law in other countries and territories recognized in Hong Kong. In this case, the “Unincorporated” box should be marked for patent application purposes.

 

In Hong Kong, the Patents Registry of the Intellectual Property Department handles the Hong Kong patents application process. The Registrar of Patents has the legal authority to examine patent applications for their completeness, correctness, and compliance with the formal requirements. However, emphasis must be made that the Registrar of Patents doesn’t perform substantive search and examination of patents in terms of their inventiveness and novelty.

 

 

CtR Intellectual Property Co.

Hong Kong Patent Application Grant Authorised Patent Agent

Offering Professional Patent and Trademark Application & Related Services

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