1. What is a patent?
   • A patent protects an invention (product or technology) which may relate to a product or process.
     
     
2. What are the requirements of registering a patent?
   • The inventive creation (product or technology) must be capable of industrial application;
   • New and never been made public; and
   • Inventive.
     
     
3. What are the rights of a patent owner?
   • A patent owner has the exclusive right to prevent anyone from exploiting the patent;
   • Print the patent registration number issued by the intellectual property authority on the product, packaging, advertisement and product catalogue (e.g. Hong Kong Short Term Patent No. 1234567), or print the words “Patent Pending” if the application is still pending for approval; and
   • Prohibit the use of technology and inventive creation by any third party without the owner’s permission; and
   • Infringement may have occurred if someone manufactures or sells the patented technology or invention without the permission of the owner. Infringement of patent rights is a civil offence in Hong Kong. Any dispute may be resolved through litigation.

Hong Kong

4. How to register a Standard Patent in Hong Kong?
   • Standard patent(O)
     • Applicant may file an application directly in Hong Kong via the “original grant patent” route (“standard patent (O) application”). A standard patent (O) application is subject to, in addition to formality examination, substantive examination by the Registrar of Patents for determining the patentability of the underlying invention.
   • Standard patent (R)
     • An applicant should register a patent with the designated patent offices (including China’s National Intellectual Property Administration, European Patent Office and the United Kingdom Patent Office).
     • Stage 1:
       • An applicant should file a request for record to the Hong Kong Patents Registry within six months after the publication of a patent application in the designated patent office. The Registries will examine the request and may give the applicant a notice to correct any deficiency within two months.
     • Stage 2:
       • An applicant will need to file a request for registration and grant to the Registries in Hong Kong within six months after publication of the request to record in Hong Kong.
       • The Registries will examine the request and give the applicant a notice to correct any deficiency within two months when the request identifies the applicant, refers to the designated patent and includes the publication number of the request to record, the publication number of the designated patent and its date of submission.
       • If there is no deficiency or the deficiencies are corrected, the Registries will register the designated patent and grant a standard patent for the invention. It will publish details of the granted patent and advertise the grant in the Hong Kong Intellectual Property Journal.
         
         
5. How long does a Standard Patent protection last?
   • A maximum of 20 years, from the filing date of the designated patent.
   • It is renewable annually after the end of the third year.
     
     
6. How to register a Short-Term Patent in Hong Kong?
   • Applicants should file the registration to the Patents Registry.
   • The Hong Kong Patents and Designs Registries will only conduct a formality examination (e.g. review the information on the application form and relevant proof) and will not conduct substantive examination of the novelty, inventiveness, and capability of industrial application etc.
   • It will generally take about six to 12 months to obtain a short-term patent.
     
     
7. How long does the Short-term Patent protection last?
   • A maximum of eight years, from the filing date of the designated patent.
   • A patent proprietor should pay a one-time renewal fees before the end of the fourth year.

China

8. How to register an Invention Patent in China?
   • A Hong Kong company or citizen without a regular residence or business site in China should entrust the application to a legally established patent agency.
   • An Applicant should to file an application to the National Intellectual Property Administration.
   • The National Intellectual Property Administration will carry out a “formality examination”. If the patent application satisfies all formality requirements, the Administration will publish the application within 18 months from the filing date of the application.
   • An applicant should file a request for substantive examination within three years from the filing date, or else the application will be deemed to be withdrawn.
   • It will generally take around two to four years to obtain an invention patent in China.
     
     
9. How long does the China Invention Patent protection last?
   • A maximum of 20 years, commencing from the filing date of the designated patent.
   • A Patentee should pay an annual fee commencing from the year when the patent right is granted.
     
     
10. How to register a Utility Model Patent in China?
    • A Hong Kong company or citizen without a regular residence or business site in China should entrust the application to a legally established patent agency.
    • The utility model patent application only needs to undergo a “formality examination” or “preliminary examination”. An application will be granted if it satisfies all formality requirements.
    • It will generally take six to 12 months to obtain a utility model patent.
      
      
11. How long does the China Utility Model Patent protection last?
    • A maximum of 10 years, commencing from the filing date.
    • A patentee should pay an annual fee commencing from the year when the patent right is granted.

 

Free Consultation & Enquiries

FHKI Intellectual Property Centre
Tel: 2732 3182 / 2732 3180
Email: ipc@fhki.org.hk