A patent owner can protect his legal rights to invention by preventing others
from manufacturing, using, selling or importing his patented invention.
There are two types of patent in the HKSAR
Protection under short-term patents is renewable for a maximum term of eight years after the expiry of the fourth year from the date of filing.Protection under standard patents is renewable per year after the end of the third year for a maximum term of 20 years.
The applicant should file an application with the Patents Registry of the Intellectual Property Department of the HKSAR. Patent applications made overseas or in China will not automatically give the applicant protection in Hong Kong.
The Registrar of Patents will examine the applicant’s patent application to ensure that it will meet the formal requirements for filing. The Registrar will not conduct substantive search and examination of the novelty or inventiveness of the application.
The grant of a standard patent in Hong Kong is based on the registration of a patent granted by one of three patent offices, (“designated patent offices”)
A standard patent application in Hong Kong is made in two stages by filing:-
There is no time limit for filing a short-term patent application in Hong Kong.However, if the applicant wishes to claim priority from a first application in a Paris Convention country or World Trade Organization member territory, he should file the short-term patent application in Hong Kong within 12 monthsafter the filing of the first application.
Aftera filing date of the short-term application has been given, the Registrar of the Patents Registry will examine the applicant’s application and give the latter notice to correct any deficiencies, if any, within two months. If there is no deficiency or the deficiencies are corrected within the prescribed time, the Registrar will grant a short-term patent for the invention and subsequently will publish details of the granted patent followed by causing an advertisement of the grant in the Hong Kong Intellectual Property Journal.