Copyright

Patents in Hongkong

General Information:
There are two types of patent in the HKSAR, i. e, standard Patent and short-term Patent.
The Hong Kong Registered Design Ordinance also provides for a design registration.

Standard Patent

Application procedure involves two stages:

1. Application shall be filed to one of the following designated Patent Office, namely, UK Patent Office, European Patent Office and Chinese Patent Office. The Application then Files a request to record for the patent (designated patent) to the Hong Kong Patents Registry after 6 months from the date of publication, together with a photocopy of the designated patent and the information of the inventor(s) (see section 15 of the Patents Ordinance). A filing fee and an advertisement fee shall be payable within 1 month after the Earliest filing with the Registrar.
2. A request for registration and grant shall be made within 6 months after the date of grant of the designated patent by the designated Patent Office. Every such request shall be filed with a verified copy of the published specification of the designated patent (see section 23). A filing fee and an advertisement fee shall be payable with 1 month after the earliest filing with the Registrar.
After examination by the Registrar, the designated patent is register and granted as such. A certificate will be issued to the application and the patent will be published in Gazette.

Notes:
1. Applicants cannot directly file standard patent applications with Hong Kong Patent Registry.
2. Validity of standard patent lasts for 20 years and maintenance fee is payable for published standard patent in which no request has been made for registration (see section 33). Renewal fee is payable after the patent is granted (see section 39).
3. The application period before the grant of patent is comparatively longer than that of registered designs.

Short-term Patent
Applicant could directly file application with Hong Kong Patents Registry. Upon application specification with drawings, an abstract and a search report issued by the prescribed international search authority or designated Patent Offices shall be submitted. A filing fee and an advertisement fee shall be payable with 1 month after with the earliest filing with the Registrar (see section 113 of the Patents Ordinance).
After examination by the Registrar, the designated patent is registered and granted as such. A certificate will be issued to the application and the patent will be published in Gazette.

Notes:
1. Validity of short-term patent lasts for 8 years and renewal fee is payable within the 3 months ending with the expiry of the 4th year (see section 126).
2. The application period before the grant of patent is comparatively shorter than that of standard patents.

Registered Design
Application could directly file application with Hong Kong Designs Registry (see section 12 of the Registered Designs Ordinance)/
After examination by the Registrar, the designated patent is registered and granted as such. A certificate will be issued to the application and the aptent will be published in Gazette.

Notes:
Validity of registered design lasts for 25years and renewal fee is payable every 5 years see section 28).

Rm1907, Unit 2,Building NO.3,NO.1, BeiQing,ChangPing,Beijing 102206,P.R.China
Tel:86-10-62119266    Fax:86-10-62110146
E-mail: mail@justalen.com          京ICP备09085994号-2
Copyright © Beijing Justalen Intellectual Property Law Firm