New Patent System in Hong Kong

The New Patent System has come into force in Hong Kong on 19 December 2019. The Patents Registry of the Hong Kong Intellectual Property Department (IPD) has started accepting and examining filings under the new patent system launched.

The new patent system essentially comprises:

1. An original grant patent (OGP) system which creates a direct route for seeking standard patent protection in Hong Kong with a maximum term of 20 years, as an Alternative to the existing "re-registration" route.
2. The OGP applications are subject to substantive examination by the Patents Registry for determining the patentability of the underlying inventions.
3. A feature to enable any short-term patent owner or third party having a legitimate interest in the validity of a patent to request the Patents Registry to carry out substantive examination on the underlying invention. This new post-grant mechanism safeguards the integrity of the existing short-term patent system while maintaining its overall cost-effectiveness.
4. Prohibition of the use of certain misleading or confusing titles/descriptions relating to the qualification of patent practitioners.
5. A new electronic processing system is in place to underpin electronic patent searches and filings.  

More information about the new patent system, including its detailed filing requirements, procedures and official fees, is available at the IPD's website: 

www.ipd.gov.hk/eng/intellectual_property/patents/New_Patent_System.htm 

 

For legal advice or services on intellect property cases, please contact CHOW & CHEUNG [Tel: +852 2856 3799 or Email: cac@ccsn.hk]

www.ccsn.hk

 

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