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¡¡¡¡"Hong Kong
Patent Ordinance" protects two patents: standard
patent and short term patent.
¡¡¡¡"Hong Kong Design Registration Ordinance"
protects design registration.
¡¡¡¡Protection Term: 20 years for standard patent; 4 years
for short term patent, renewable for another 4 years;
5 years for design registration, renewable for 4 times,
each time 5 years.
¡¡¡¡The documents filed for either standard or short term
patent must be in Chinese or English.
¡¡¡¡After issuance of a Hong Kong standard patent, annual
fee shall be paid to maintain the validity of the patent;
short term patent or design registration needs only to
pay renewal fees at the time of renewal, no annual fees.
I. Standard Patent
¡¡¡¡A Standard Patent is a kind of registration in Hong
Kong of a patent substantially examined and issued by
one of the designated Patent Offices. The designated
Patent Offices are Chinese Patent Office (covering direct
Chinese invention patent and PCT Chinese national phase
invention patent); The Patent Office of UK (covering
direct UK patent and PCT UK national phase patent),
as well as EPO (EPO patent application designating UK).
¡¡¡¡There are two stages to go to obtain a Standard Patent:
¡¡¡¡The first stage: the applicant files the patent application
at one of the designated patent offices and within 6
months upon its publication, the applicant deposits
the published specification at the Patent Registry of
Hong Kong Intellectual Property Bureau, the Patent Registry
accepts the deposit and publishes it after formality
examination.
¡¡¡¡The second stage: the applicant deposits the issued
patent specification at the Patent Registry within 6
months upon publication of the issuance and requests
for a Standard Patent. The Patent Registry will issue
the Hong Kong Standard Patent after formality examination
and will publish the issuance.
¡¡¡¡The Standard Patent issued in Hong Kong is the basis
of Hong Kong patent system, once a Standard Patent is
issued in Hong Kong, it becomes independent from the
patent granted by the designated Patent Office. Disputes
handling, invalidation or infringement compensation,
etc. of a Standard Patent is judged by the Hong Kong
High Court.
¡¡¡¡Documents/information required:
¡¡¡¡For the first stage:
¡¡¡¡¡¡1. Publication of the designated Patent Office, PCT
international publication if applicable
¡¡¡¡¡¡2. Abstract in Chinese and English
¡¡¡¡¡¡3. Title of the Invention in English and Chinese
¡¡¡¡¡¡4. Names and Addresses of the applicant and inventor
in Chinese and English
¡¡¡¡¡¡5. State of Incorporation
¡¡¡¡For the second stage:
¡¡¡¡¡¡Publication of issued specification by the designated
Patent Office
II. Short Term patent
¡¡¡¡There is no substantive examination to a Short Term
patent, only formality examination. However, an official
search report made by the patent office of one of the
following countries is required: Austria, Australia,
China, Japan, Russia Federation, Spain, Sweden, USA,
UK and EPO.
¡¡¡¡Short Term patent can claim Convention priority, the
priority term is one (1) year. For a PCT Chinese national
phase utility model patent application, within 6 months
from its entry, the applicant can also file a correspondent
Short Term patent application in Hong Kong.
¡¡¡¡Documents/information required:
¡¡¡¡¡¡1. Description, drawings, claims, abstract and drawing
for abstract
¡¡¡¡¡¡2. Official search report issued by one of the designating
Patent Office (can be late filed)
¡¡¡¡¡¡3. Priority document if priority is claimed
¡¡¡¡¡¡4. If it is based on PCT Chinese national phase utility
model application, then also
¡¡¡¡¡¡¡¡1) Copy of PCT international publication and search
report
¡¡¡¡¡¡¡¡2) Date entering China
¡¡¡¡¡¡¡¡3) Copy of publication by the Chinese Patent Office
(if any)
III. Design registration
¡¡¡¡Hong Kong sets up Design Registry, receiving design
registration applications and undertakes formality examination.
An application once it meets the formality requirements,
the Registry can register it and publish the registration.
Design registration application can claim Convention
priority. The priority term is Six (6) months.
¡¡¡¡Documents/information required:
¡¡¡¡¡¡1. drawings, brief description;
¡¡¡¡¡¡2. priority document if priority is claimed (can
be late filed) |
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