Patent Application in Hong Kong
What is a Patent?
A patent protects your invention by giving you, the patent owner, a legal right to prevent others from manufacturing, using, selling or importing your patented invention.
Types of Patent Applications in Hong Kong
There are two types of patent in Hong Kong:
1) Standard patent and
2) Short-term patent
For protection under standard patents, it is renewable annually after the end of the 3rd year, for a maximum of 20 years.
For protection under short-term patents, it is renewable after 4years from filing, for a maximum term of 8 years.
Applying for Patent in Hong Kong
An owner of an invention can apply for a patent. To apply for a standard patent in Hong Kong, but you are not the applicant named in the designated patent application, you will need to file a statement and supporting documents (eg. a copy of an assignment document) to explain your right to apply.
Patents are territorial rights. That means you need to file an application with the Patents Registry of the Intellectual Property Department, Hong Kong for an exclusive rights to own and use the patent in Hong Kong in accordance with the laws of Hong Kong. The application in Hong Kong does not give you automatic protection in Mainland China or other parts of the world.
The Registrar of Patents examines your patent application to ensure that it meets the formal requirements for filing. No substantive search and examination of the novelty or inventiveness of your invention will be examined.
Application for Patent can be made in English or in Chinese. However, certain information in your application must be shown in both English and Chinese. 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.
If the application is made in English, the Patents Registry in Hong Kong will correspond with 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.
For Hong Kong patent services and advice, please contact Chow & Cheung, Hong Kong Solicitors, Notary Public & China Appointed Attesting Officers
Tel: + 852 2856 3799 Email: cac@ccsn.hk
www.ccsn.hk
The above contents do not constitute legal advice and it should not be regarded as a substitute for detailed advice in individual cases. Transmission of this information is not intended to create and receipt does not constitute a lawyer-client relationship between Chow & Cheung and the user or browser. Chow & Cheung is not responsible for any third party content which can be accessed through the website.