Can my invention be kept confidential after patent is granted ?
The short answer to this question is No. Patents are granted by Patents Registry of the Intellectual Property Department, Hong Kong in exchange for a full disclosure of the invention. In general, the details of the invention are then published and made available to the public at large.
Therefore, you need to keep your invention confidential until you file a patent application. Disclosure of any invention to the public before an application is filed would be considered “prior art ” and this may defeat your patent application.
Further, in case you would like to get protection for your invention outside Hong Kong, you would need to ensure that any disclosure in Hong Kong even after filing, does not prejudice your patent application in another country.
Non-disclosure agreement or Confidentiality Agreement
If disclosing your invention before filing a patent application is necessary, for example, to a potential investor or a business partner, then you should have am non-disclosure agreement or confidentiality agreement entered into with the recipient of the patent information. However, an early patent application will generally be helpful when seeking financial support to commercialize an invention.
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
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