Patent Application in Hong Kong
Hong Kong Government introduced the new patent system, the brand-new Original Grant Patent and existing Re-registration are dually co-existing, and applicants get to enjoy the flexibility to choose either one.
Types of Application
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Original Grant Patent system
- Examination for according a date of filing to application
- Examination on formal requirements of application
- Publication of application
- Substantive examination of application
- Outcome of application: grant and publication of patent or final refusal of patent grant
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Re-registration system
- Stage 1: Submission of a Stage 1 application to the Hong Kong Intellectual Property Department within 6 months upon the receipt of a formal examination notice after the submission of an application to the State Intellectual Property Office of the PRC, European Patent Office or the United Kingdom Patent Office.
- Stage 2: Submission of a Stage 2 application to the Hong Kong Intellectual Property Department within 6 months upon the receipt of the authorisation notice from China, Europe or the United Kingdom.
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Short-term Patent
A short-term patent may be applied directly in Hong Kong on the condition that a search report issued by one of the following authorities must be submitted together with the application:- State Intellectual Property Office of the PRC
- European Patent Office
- The United Kingdom Patent Office
- Any international searching authority (such as: the United States, Japan, Korea and Spain) appointed in the "Patent Cooperation Treaty"
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Registration of Design
- Once the Registration of design is granted, the owner has the right to prohibit the others from making, inputting, using, selling or renting his/her registered product. Registration of an appearance design protects the shapes, decoration and visual aesthetic feeling of a new design, but not including its functions and the method of usage.
- Registration may be applied for the appearance designs of various kinds of products, such as computers, telephones, textiles, jewellery, watches, etc.
Required Documents and Information and Validity Period
Type | Required Documents and Information | Validity Period | Notes |
---|---|---|---|
Standard Patent |
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Renewable annually after the end of the third year, up to a maximum protection period of 20 years |
|
Short-term Patent |
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Renewable once after the end of the fourth year, up to a maximum protection period of 8 years |
Application allowed to be filed directly in Hong Kong with the submission of a search report issued by one of the following authorities :
|
Registration of Design |
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Renewable every 5 years up to 25 years | Application directly filed in Hong Kong |
*The patent documents include:
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Application for Government Grant
Hong Kong Innovation and Technology Commission promotes a “Hong Kong Patent Application Grant”, the Grant is a funding scheme to assist local companies and individuals to apply for patents of their own inventions and utility models. For an approved application, the applicant will be granted an amount of up to HK$250,000.
If you want to apply for this scheme, please contact us immediately. We will assist you in the preparation for the documents and materials for the application and provide you with free consultation services so as to help you successfully apply for the grant from the Hong Kong Government.
Should you have any enquires about Patent Application in Hong Kong, please complete the form below and we will reply to you soon.