The standard patent application is based on the registration of the patent approved by one of the 3 patent offices, i.e. SIPO, EPO and UKIPO. The Hong Kong intellectual property department will only to check that meets the formal requirements for filing but never conduct a search or examination on the applications. The record request shall be made within 6 months after publication of said patents.
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The standard patent application cannot be directly approved after filing the record request and has to wait until the basic patent registration approved. The grant request shall be made within 6 months after grant of the basic patent registration.
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The grant of a short-term patent in Hong Kong is based on a search report from an international searching authority under PCT Article 16 or one of three designated patent offices, i.e. the State Intellectual Property Office of People's Republic of China, the European Patent Office and the United Kingdom Patent Office.
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The design patent in China doesn’t cover the Hong Kong Special Administrative Region so a new application is required to file in Hong Kong. The industrial design application can be registered for a wide range of products, including computers, telephones, CD-players, textiles, jewelry and watches.
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The trademark application in China doesn’t cover the Hong Kong Special Administrative Region so that a new application is required to file in HK.
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A simple request filed online by submitting the trademark assignment is sufficient for this procedure, and IPD accepts the English documents for the filing without translation.
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A simple request filed online by submitting the patent assignment is sufficient for this procedure, and IPD accepts the English documents for the filing without translation.
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The maintenance fee is required to pay after the fifth year of publication for a standard patent if it hasn’t been approved.
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The renewal fee is required to pay year-by year after the third year of grant for a standard patent.
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The validity period for an industrial design is 25 years from the filing date and shall be renewed in each five years.
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Once the request made, the procedure will not stop until the final decision made. Hence, if the applicant found the situation is changed and he would never need to go on the foresaid application that he may file a new request to withdraw it. But the fees and document submitted to CTMO cannot be return.
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The trademark holder can request to reissue a new trademark certificate once it lost which cost about 6 months to get the new one.
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The Chinese trademark office doesn’t issue a trademark certificate for an international trademark application with designating China, so it’s inconvenient to prove when enforcing parts of the trademark rights. The trademark holder can request for a certified copy from CTMO to use as a trademark certificate in practice.
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Its only applies to the registered trademark with a period of five years after grant. The trademark reexamination board will make a decision within 12 months after receiving said request.
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Upon request of the client, we provide consultation on IP related laws, analysis and evaluation of the validity of IPR, IP infringement enforcement strategies,etc.
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Apply for an appeal before the court when the clients dissatisfied with the decision of Patent Reexamination Board(PRB) of SIPO or Trademark Review and Adjudication Board(TRAB) of SAIC
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This is a legal opinion issued by patent attorney through comparing a product and others’ given patent to determine whether the product have a risk of infringing others patent rights....
The office action is the opinion from examiner to communicate with the applicant/agency about the application indicating the formalities or substantial defects in the application. In general, not only the invention patent application will receive an office action in the examination, because in recent years, the examiner also issues office action for a utility model and design patent. The deadline for responding the office action is 2 months from the issue date but except the first office action for invention patent. However, in practice, we also meet the particular situation that the examiner designate a deadline but shorter than said period.
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According to the Paris Convention, the applicant from the member country can enjoy 6 months priority period from the filing date. The design patent application in China doesn’t accept the substantive examination, so it can be approved in around 4 months after filing.
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