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Hong Kong - Register Patent

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Contents

Introduction

A patent is a grant of property right given to an inventor that prevents others from making, using, offering for sale, or selling the invention in Hong Kong.

There are two types of patent in the HKSAR: Standard and short-term.

This procedure provides you information on how to register a standard patent with Hong Kong's Intellectual Property Department.

Eligibility

Owners of the invention, may apply for the procedure.

If you apply for a standard patent in Hong Kong, China but you are not the applicant named in the designated patent application, you will need to file a statement and supporting documents (for example a copy of an assignment document) explaining your right to apply.

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Instructions

To apply for the procedure you need to file an application with the Patents Registry of the Intellectual Property Department. Applying for a patent elsewhere in the world or in other regions of China does not automatically give you protection in Hong Kong, China.

The Registrar of Patents will examine your patent application to ensure that it meets the formal requirements for filing. The Registrar will not conduct substantive search and examination of the novelty or inventiveness of your invention.

Required Information

Standard patent application:

  • First stage - you need to file a request to record in Hong Kong, China within six months after the publication of the designated patent application in the designated patent office.
  • Second stage - you need to file a request for registration and grant in Hong Kong, China at the latest within six months after publication of the request to record in Hong Kong, China, or the grant of the designated patent by the designated patent office.


Short-term patent application: Generally speaking, there is no time limit for filing a short-term patent application in Hong Kong, China. But if you wish to claim priority from a first application in a Paris Convention country or World Trade Organization member territory you should file your short-term patent application in Hong Kong, China 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.

Procedure

  1. There are two stages in the registration process for the standard patent.
  2. Documents you will need to submit in each stage are provide below. Links are also provided under "Documents to Use" section which you can use to download the application forms.
  3. Submit all required documents and pay all applicable fees.
  4. Your application will be examined and you will be informed if there any deficiencies in your request.

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Required Documents

Standard patent:

First stage (documents and information needed in the application):

  • a request to record on Patents Form P4;
  • a copy of the published designated patent application;
  • the title of the invention in both English and Chinese;
  • an abstract in both English and Chinese;
  • applicant's name and address;
  • if you are not the applicant named in the designated patent application, a statement explaining your right to apply and supporting documents (for example a copy of an assignment);
  • if the inventor is not named in the designated patent application, a statement identifying the person you believe is the inventor;
  • If you claimed priority, you need to state the name of the country or territory where the priority application was filed, the priority application number and the priority application filing date;
  • If you claimed non-prejudicial disclosure, you need to state the name and place of the prescribed exhibition or meeting at which the invention was disclosed, the opening date of the exhibition or meeting, and the date of first disclosure;
  • an address for service in Hong Kong, China;
  • translations of information and documents as required.

If you appoint an agent, your agent is required to notify the Registrar of the address in Hong Kong, China where he resides or carries on his business activities.


Second Stage:

  • a request for registration and grant on Patents Form P5;
  • a copy of the published specification of the designated patent (you need to confirm that it is a true copy of the document issued by or kept at the relevant designated patent office);
  • the title of invention in both English and Chinese;
  • if you are not the applicant named in the standard patent application, a statement explaining your right to apply and supporting documents which establish your right (for example a copy of an assignment);
  • an address for service in Hong Kong, China;
  • translations of information and documents as required.

If you appoint an agent, your agent is required to notify the Registrar of the address in Hong Kong, China where he resides or carries on his business activities.


Short-term patent application:

  • a request for grant on Patents Form P6;
  • a specification (section 113(1)(b), Patents Ordinance and sections 58(2), 59, 60 and 64, Patents (General) Rules);
  • an abstract in both English and Chinese (section 61, Patents (General) Rules);
  • the title of invention in both English and Chinese;
  • applicant's name and address;
  • inventor's name and address;
  • a search report (see the paragraph below);
  • if you are not the inventor, a statement on Patents Form P6A indicating your entitlement to the short-term patent;
  • if priority is claimed, a statement of priority and priority documents (section 69, Patents (General) Rules);
  • if non-prejudicial disclosure is claimed, a statement and written evidence to support the claim (sections 58 and 70, Patents (General) Rules);
  • an address for service in Hong Kong, China;
  • translations of information and documents as required.

If you appoint an agent, your agent is required to notify the Registrar of the address in Hong Kong, China where he resides or carries on his business activities.

Fees

Standard patent application - first stage - filing fee and advertisement fee:

  • Filing fee : HK$380
  • Advertisement fee : HK$68


Standard patent application - second stage - filing fee and advertisement fee :

  • Filing fee : HK$380
  • Advertisement fee : HK$68

Fees must be paid within one month of the earliest filing of any part of your request for registration and grant.


Short-term patent application:

  • Filing fee : HK$755
  • Advertisement fee : HK$68

Fees must be paid within one month of the earliest filing of any part of your application.

Validity

Protection under standard patents is renewable annually after the end of the third year, for a maximum of 20 years. Protection under short-term patents is renewable after four years from filing, for a maximum term of eight years.

Documents to Use

  • Patents Form P4 - Request to record a designated patent application for a standard patent
  • Patents Form P5 - Request for registration of a designated patent and grant of a standard patent
  • Patents Form P6 - Request for grant of a short-term patent
  • Patents Form P6A - Statement of inventorship in respect of a short-term patent

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

Please explain processing time taken in obtaining the document/certificate.

Office Locations & Contacts

Intellectual Property Department
24/F & 25/F Wu Chung House,
213 Queen's Road East,
Wanchai, Hong Kong

Opening hours: 9:00 a.m. - 5:45 p.m. (Mon - Fri)

Telephone: (852)2961 6901

Fax:
Patents and Designs Registries : (852)2838 6315 / (852)3188 5359
Trade Marks Registry: (852)2838 6082 / (852)2574 4345

Email: enquiry@ipd.gov.hk

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Video

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M". 
	

Information which might help

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Other uses of the Document/Certificate

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.

External Links

Intellectual Property Department

Others

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