In Hong Kong, you can choose to protect your invention by a standard patent, or by a short-term patent. A patent gives the inventor an exclusive right to use his/her invention. 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)".
Standard Patent
A standard patent will last for a maximum term of 20 years, subject to the payment of renewal fees. Protection under short-term patents is renewable after four years from filing, for a maximum term of 8 years.
1. Essential requirements to be met
Application has to be made on the basis of the corresponding patent application filed with and also patent grant by one of the three designated patent offices:
the State Intellectual Property Office of Mainland China;
the United Kingdom Patent Office; or
the European Patent Office for patent applications designating the United Kingdom
2. When would you consider this type of patent?
(1) When the product, process or innovation has an expected long commercial life cycle of more than 8 years.
(2) When you seek an investor or venture capitalist to invest in your technology business, who requires robust patent protection.
The owner of a standard patent can bring civil proceedings against an infringer after the grant of the patent, and seek remedies including an injunction, an order for delivery up, damages or an account of the profits and a declaration that the patent is valid and has been infringed.
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Short-Term Patent
A short-term patent will last for a maximum term of 8 years subject to the payment of renewal fees. When the product, process or innovation has an expected commercial life cycle of less than 8 years,then you may consider this type of patent.
1. Essential requirements to be met
Direct application can be made in Hong Kong without first having to apply for a patent in a designated patent office. The application has to be supported by, amongst others, a search report containing the findings of a search undertaken by any of the International Searching Authorities appointed under Article 16 of the Patent Cooperation Treaty or any of the three designated patent offices.
2. Can the patent owner enforce the patent against infringers?
The owner of a short-term patent can bring civil proceedings against an infringer after the grant of the patent, and seek remedies including an injunction, an order for delivery up, damages or an account of the profits and a declaration that the patent is valid and has been infringed.
In any enforcement proceedings before the court, the owner of a short-term patent however has to first prove that his or her short-term patent is prima facie valid. Owners of short-term patents should therefore consult their legal or technical advisers on this aspect before taking steps to enforce their patents.
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 2355735242@qq.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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