PROCEDURE OF PATENTING IN HONG KONG

2021-04-15
Borsam IP
Borsam IP
How to file a patent application in Hong Kong?
 
There are two types of patent application in Hong Kong, one is Standard Patent Application which can be protected by law at most for 20 years, and another one is Short-term Patent application which can be protected by law at most for 8 years.
 
Apply for a Standard Patent Application in Hong Kong has two stages. First, it shall be requested to record based on a Chinese patent application or European patent application (designated UK) or a UK patent application within 6 months from the publication date in said patent office. Second, it shall be requested for registration and grant within 6 months after granting authorization proclamation of the designated patent office.

 
The needed documents for first stages are as follow:
 
1. Record request;
2. A copy of the published designated patent application;
3. The Specification of the application both in English and Chinese.
4. Applicant information.
5. A statement and supporting documents to prove your rights if the applicant name is not different with which in the designated patent application.
6. Previous priority information (Number, date country).
7. 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;
8. An address for receiving official documents in Hong Kong;
9. Translations of information and documents as required.

The needed documents for second stages are as follow:
 
1. Request for registration and granting;
2. A copy of the published specification of the designated patent;
3. Title of invention both in English and Chinese.
4. A statement and supporting documents to prove your rights if the applicant name is not different in the standard patent application.
5. An address for receiving official documents in Hong Kong;
6. Translations of information and documents as required.