Short-Term Patent Application in Hong Kong
Short-term patents are one of the 2 types of patents granted in Hong Kong and a short-term patent may be applied directly to the Hong Kong Patent Registry provided that a Search Report issued by one of the following authorities must be submitted together with the application:
1) State Intellectual Property Office of the PRC; or
2) European Patent Office; or
3) The United Kingdom Patent Office; or
4) Any international searching authority (such as: USA, Japan, Korea and Spain) appointed in the "Patent Cooperation Treaty"
Hong Kong short-term patent application filing time
There is generally no time limit for filing a short-term patent application in Hong Kong. But if you wish to claim priority from a first application in a Paris Convention country or World Trade Organization (WTO) member territory, you should file your short-term patent application in Hong Kong within 12 months of filing the first application.
If your invention has been disclosed and you claim that the disclosure does not prejudice your invention's novelty (section 109, Patents Ordinance), you should file your short-term patent application within 6 months of the disclosure.
Procedures
After the receipt of the short-term patent application by the Patent Registry, the registry will examine the information in the application form and the supporting documents. The Registry does not assess the patentability of the invention, that is, whether the invention is novel or whether it involves an inventive step and is susceptible to industrial applications.
If there is any deficiencies in the application form and supporting documents, notice will be given to the applicant to correct the deficiencies in around 2 months. If there is no deficiencies or the deficiencies have been corrected, the Patent Registry will grant a short-term patent for the invention.The Patent Registry will publish details of the granted patent and advertise the grant in the Hong Kong Intellectual Property Journal.
For Hong Kong patent application 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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