As a special administrative region of China, Hong Kong has its own intellectual property system, with the Hong Kong Intellectual Property department (IPD) handling the issues relating to patents, trademarks, industrial designs and copyrights in Hong Kong.
There are two types of patents in Hong Kong region –they are a standard patent and a short-term patent. This article is about standard patents.
1. How can I file a standard patent application in Hong Kong
The grant of standard patent in Hong Kong is based on the registration of a patent granted by one of three offices which are regarded as the ‘designated patent offices’. These are:
a. SIPO – The State Intellectual Property Office of the Peoples Republic of China
b. The European Patent Office (In regard to a Patent designating the UK as the place of origin)
c. The United Kingdom Patent Office
2. How can you apply for a standard patent in Hong Kong?
The Standard Patent application in Hong Kong consists of two stages. These are:
a. First stage – Filing a request to record the designated patent application within 6 months of the publication date of the application filed before the designated patent offices;
b.Second stage – Filing a request for registration and grant within 6 months of the grant of the application filed before the designated patent offices;
3. What are the filing requirements of the first stage?
a. A copy of the published designated patent application;
b. The title and abstract of the application both in English and Chinese;
c. Statement or assignment of the applicant/inventor is different with the one recorded in the publication documents of designated application;
d. Priority information including number, date, country and/or territory;
e. If you claimed no-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.
4. What are the filing requirements of the second stage?
a. A copy of the published specifications of the designated grant patent;
b. Title of the application in both English and Chinese;
c. Statement or assignment if the applicant is different with what is recorded in the first stage
5. Duration of the standard patent
A standard patent is valid for 20 years from the filing date and the renewal fee shall be paid each year after the third year from the date of filing.
6. What are the maintenance fees that are applicable?
If the applicant hasn’t entered into a grant stage from the publication date on record in Hong Kong, in the fifth year the maintenance fee begins to be charged by year from then.