How to apply for grant of patents in the Hong Kong SAR?
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Hong Kong patent registration needs to be applied for with the Patents Registry of the Intellectual Property Department. The Registrar of Patents examines your patent application to ensure that it meets the formal requirements for filing. Registering your patent in the Mainland does not automatically give you protection in Hong Kong. You should register your patent separately in the two places in Hong Kong and in the Mainland, as there are separate systems of registration and protection.
The patent law in Hong Kong is based on the Hong Kong Patents Ordinance of 27 June 1997, as last amended on 22 February 2008.The Hong Kong patent system is independent from the patent system in the People's Republic of China (PRC), in that a "patent granted for Hong Kong SAR takes effect in Hong Kong only and does not provide for protection in the People's Republic of China (PRC)".
Types of Patent in Hong Kong SAR
Two types of patents for inventions are available in Hong Kong, the so-called "standard patent" and the "short-term patent":
1. A standard patent in Hong Kong can be based on a European patent application designating to United Kingdom, or a patent application in the PRC or the United Kingdom (UK).The standard patent is independent from the original foreign patent (i.e., from the Chinese patent, the European patent, or the UK patent).
2. Short-term patents are also available. Such patents have a maximum term of eight years from the filing date. The short-term patents are subject to a formality examination only, not to a substantive examination on the patentability of the invention.
Both are used for protecting new invention, utilities, functional features, structures, processes, improvements, etc. Protection under standard patents is renewable annually after the end of the third year, for a maximum of 20 years. Protection under short-term patents is renewable after four years from filing, for a maximum term of eight years.
Requirements on Patent Application
1. Who can apply for?
If you are the owner of the invention, you can apply for a patent. If you apply for a standard patent in Hong Kong, China but you are not the applicant named in the designated patent application, you will need to file a statement and supporting documents explaining your right to apply.
2. Language
You can file your application in English or in Chinese. Patents application forms are available in either language. If, for example, you make your application in English, we will write to you in English and English will be the language used in any proceedings in the registry relating to your patent application or the resulting patent.
Certain information in your application must be shown in both languages. You will need to give the title of the invention and abstract in both English and Chinese. If the applicant's or inventor's names are not in Roman letters or in Chinese, you will need to give a transliteration of the names in Roman letters.
Effect of patent registration
If the Patents Registry approves the patent application, it will advertise the grant by notice in the Hong Kong Intellectual Property Journal and issue a certificate of grant of patent. Once a patent is granted, the inventor will have the exclusive right to use the invention and may take legal action against people who use the invention in the course of trade or business in Hong Kong without the patent owner’s consent.
Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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