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What
is Intellectual Property? > Patents
> How to apply for grant of patents in the Hong Kong SAR?
How
to apply for grant of patents in the Hong Kong SAR?
General
introduction
This
document provides basic information on how to apply for grant of
patents in the Hong Kong Special Administrative Region (the HKSAR).
It is intended for persons who wish to seek protection for their
inventions and apply for grant of patents in the HKSAR. Please read
it carefully before you submit your application.
More
information
Website:
http://www.ipd.gov.hk
Enquiry:
enquiry
Submitting
your patent application
Patent
applications should be sent to:
Patents
Registry
Intellectual Property Department
24/F, Wu Chung House
213 Queen's Road East
Wanchai
Hong Kong
The
Patents Registry does not undertake to give legal advice and this
document carries no legal authority. The Patents Registry will therefore
not accept any responsibility for the consequences of any omissions
or inaccuracies in this document.
What
are patents?
Patents
protect your invention by giving you, the patent owner, a legal
right to prevent others from manufacturing, using, selling or importing
your patented invention.
Standard
and short-term patents
There
are two types of patent in the HKSAR
Protection
under standard patents is renewable annually for a maximum term
of 20 years. Protection under short-term patents is renewable after
four years from filing, for a maximum term of eight years.
Applying
for a patent
You
need to file an application with the Patents Registry of the Intellectual
Property Department. Applying for a patent elsewhere in the world
or in other regions of China does not automatically give you protection
in Hong Kong, China.
The
Registrar of Patents examines your patent application to ensure
that it meets the formal requirements for filing. We do not conduct
substantive search and examination of the novelty or inventiveness
of your invention.
Applying
for a standard patent
The
grant of a standard patent in Hong Kong, China is based on the registration
of a patent granted by one of three patent offices, called 'designated
patent offices'
- the
State Intellectual Property Office, People's Republic of China
-
the European Patent Office, in respect of a patent designating
the United Kingdom
-
the United Kingdom Patent Office.
A standard
patent application in Hong Kong, China is made in two stages by
filing
-
a request to record the designated patent application,
that is the Chinese, EP(UK) or UK published patent application
(stage 1)
-
a request for registration and grant in Hong
Kong, China of the Chinese, EP(UK) or UK granted patent (stage
2).
Applying
for a short-term patent
The
grant of a short-term patent in Hong Kong, China is based on a search
report from an international searching authority or one of three
designated patent offices.
A
short-term patent application in Hong Kong, China is made by filing
a request for grant supported by the documents and information listed
in subsequent paragraphs below (click here).
Who
can apply?
If
you are the owner of the invention, you can apply for a patent.
If you apply for a standard patent in Hong Kong, China but you are
not the applicant named in the designated patent application, you
will need to file a statement and supporting documents (for example
a copy of an assignment) explaining your right to apply.
Language
You
can file your application in English or in Chinese. Patents application
forms are available in either language. If, for example, you make
your application in English, we will write to you in English and
English will be the language used in any proceedings in the registry
relating to your patent application or the resulting patent.
Certain
information in your application must be shown in both languages.
You will need to give the title of the invention and abstract in
both English and Chinese. If the applicant's or inventor's names
are not in Roman letters or in Chinese, you will need to give a
transliteration of the names in Roman letters.
Standard
patent application - first stage - when should you file?
You
need to file a request to record in Hong Kong,
China within six months after the publication of
the designated patent application in the designated patent office.
Standard
patent application - first stage - documents and information
You
need to file
-
a request to record on Patents
Form P4;
-
a copy of the published designated patent application;
-
the title of the invention in both English and Chinese;
-
an abstract in both English and Chinese;
-
applicant's name and address;
-
if you are not the applicant named in the designated patent application,
a statement explaining your right to apply and supporting documents
(for example a copy of an assignment);
-
if the inventor is not named in the designated patent application,
a statement identifying the person you believe is the inventor;
-
If you claimed priority, you need to state the name of the country or territory where the priority application was filed, the priority application number and the priority application filing date;
-
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;
-
an address for service in Hong Kong, China;
-
translations of information and documents as required.
If
you appoint an agent, your agent is required to notify the Registrar
of the address in Hong Kong, China where he resides or carries on
his business activities.
Standard
patent application - first stage - filing fee and advertisement
fee
You
need to pay a filing fee (HK$380) and an advertisement fee (HK$68)
within one month of the earliest filing of any part of your request
to record.
Standard
patent application - first stage - filing date
We
will allot a filing date to your request to record when your request
states the name of the applicant, refers to the designated patent
application and includes the designated patent application number,
its publication number and date of publication.
Standard
patent application - first stage - examination and publication
If
we have given your request to record a filing date, we will examine
your request and give you notice to correct any deficiencies within
two months. If there is no deficiency or the deficiencies are corrected
we will publish your request to record and advertise it in the Hong
Kong Intellectual Property Journal (http://www.ipd.gov.hk/eng/ip_journal.htm).
You can click here
to view the flowchart of the examination process.
Maintaining
a standard patent application
You
may need to maintain your standard patent application by filing
Patents
Form P9 and paying the maintenance fee. If you cannot proceed
to the second stage (request for registration and grant, below)
five years after publication of your request to record, you will
need to maintain your application. Failure to maintain your application
will mean that your patent application is deemed withdrawn.
Standard
patent application - second stage - when should you file?
You
need to file a request for registration and grant
in Hong Kong, China at the latest within six months
after publication of the request to record in Hong Kong, China,
or the grant of the designated patent by the designated patent office.
Standard
patent application - second stage - documents and information
You
need to file
-
a request for registration and grant on Patents
Form P5;
-
a copy of the published specification of the designated patent
(you need to confirm that it is a true copy of the document issued
by or kept at the relevant designated patent office);
-
the title of invention in both English and Chinese;
-
if you are not the applicant named in the standard patent application,
a statement explaining your right to apply and supporting documents
which establish your right (for example a copy of an assignment);
-
an address for service in Hong Kong, China;
- translations
of information and documents as required.
If
you appoint an agent, your agent is required to notify the Registrar
of the address in Hong Kong, China where he resides or carries on
his business activities.
Standard
patent application - second stage - filing fee and advertisement
fee
You
need to pay a filing fee (HK$ 380) and an advertisement fee (HK$
68) within one month of the earliest filing of any part of your
request for registration and grant.
Standard
patent application - second stage - examination and grant
We
will allot a filing date to your request for registration and grant
when your 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
publication.
If
we have given your request for registration and grant a filing date,
we will examine your request and give you notice to correct any
deficiencies within two months. If there is no deficiency or the
deficiencies are corrected we will register the designated patent
and grant a standard patent for the invention. We will publish details
of the granted patent and advertise the grant in the Hong Kong Intellectual
Property Journal (http://www.ipd.gov.hk/eng/ip_journal.htm).
You can click here
to view the flowchart of the examination process.
Short-term
patent application - when should you file?
In
general, there is no time limit for filing a short-term patent application
in Hong Kong, China. But if you wish to claim priority from a first
application in a Paris Convention country or World Trade Organization
member territory you should file your short-term patent application
in Hong Kong, China within 12 months of filing
the first application.
If
your invention has been disclosed and you claim that the disclosure
does not prejudice your invention's novelty (section 109, Patents
Ordinance) you should file your short-term patent application within
6 months of the disclosure.
Short-term
patent application - documents and information
You
need to file
-
a request for grant on Patents
Form P6;
-
a specification (section 113(1)(b), Patents Ordinance and sections
58(2), 59, 60 and 64, Patents (General) Rules);
-
an abstract in both English and Chinese (section 61, Patents (General)
Rules);
-
the title of invention in both English and Chinese;
-
applicant's name and address;
-
inventor's name and address;
-
a search report (see the paragraph below);
-
if you are not the inventor, a statement on Patents
Form P6A indicating your entitlement to the short-term patent;
-
if priority is claimed, a statement of priority and priority documents
(section 69, Patents (General) Rules);
-
if non-prejudicial disclosure is claimed, a statement and written
evidence to support the claim (sections 58 and 70, Patents (General)
Rules);
-
an address for service in Hong Kong, China;
-
translations of information and documents as required.
If
you appoint an agent, your agent is required to notify the Registrar
of the address in Hong Kong, China where he resides or carries on
his business activities.
Short-term
patent application - search report
To
support an application for a short-term patent you need to file
a search report from one of the following searching authorities
-
an international searching authority under Article 16, Patent
Co-operation Treaty;
-
the State Intellectual Property Office, People's Republic of China;
-
the European Patent Office;
-
the United Kingdom Patent Office.
Short-term
patent application - filing fee and advertisement fee
You
need to pay a filing fee (HK$ 755) and an advertisement fee (HK$
68) within one month of the earliest filing of any part of your
application.
Short-term
patent - deferred grant
You
can ask the registry to defer the grant of your short-term patent.
Deferring grant will give you more time to obtain a search report
from a prescribed searching authority. Grant can be deferred for
a maximum of twelve months after the filing date of the short-term
patent application.
Short-term
patent application - filing date
We
will give your short-term patent application a filing date when
it states the name of the applicant and describes the invention.
Short-term
patent application - examination and grant
If
we have given your application a filing date, we will examine your
application and give you notice to correct any deficiencies within
two months. If there is no deficiency or the deficiencies are corrected
we will grant a short-term patent for the invention. We will publish
details of the granted patent and advertise the grant in the Hong
Kong Intellectual Property Journal (http://www.ipd.gov.hk/eng/ip_journal.htm).
You can click here
to view the flowchart of the examination process.
International
application under the Patent Cooperation Treaty (PCT)
If
you make an international application designating China, you can
also seek standard or short-term patent protection in the HKSAR.
You can file the international application either with the State
Intellectual Property Office, People's Republic of China or the
International Bureau. After the international application has entered
its national phase in China, you can file an application for a standard
or short-term patent in Hong Kong, China. Applying for the grant
of a patent based on international application designating China
is explained below.
If
your international application is to protect a utility model you
can nevertheless apply for short-term patent protection in Hong
Kong, China. Note, however, that in Hong Kong, China the criteria
for novelty and inventive step are the same for both a standard
and a short-term patent. Short-term patents failing the criteria
may subsequently be challenged in the Courts.
International
application designating China - when should you file a standard
patent application?
If
the international application designating China has been published
by the International Bureau in Chinese, you need to file
a request to record in Hong Kong, China within six months
after the State Intellectual Property Office, People's Republic
of China issues a national application notification.
If
the international application designating China has been published
by the International Bureau in a language other than Chinese,
you need to file a request to record in Hong Kong, China within
six months after the date of publication of the international
application by the State Intellectual Property Office, People's
Republic of China.
International
application designating China - when should you file a short-term
patent application
You
cannot file a short-term patent application until the international
application has entered its national phase in China. But you need
to file your short-term patent application within six months
after the international application has entered its national phase
in China, or within six months after the State
Intellectual Property Office, People's Republic of China issues
a national application notification.
International
application designating China - documents and information for a
standard patent application
In
addition to the documents and information listed above (click here)
you need to file
-
a copy of the international application as published by the International
Bureau;
-
a copy of any translation of the international application published
by the State Intellectual Property Office, People's Republic of
China;
-
a copy of any publication of information in the State Intellectual
Property Office, People's Republic of China concerning the international
application;
-
a copy of the national application notification, if the international
application has been published by the International Bureau in
Chinese.
International
application designating China - documents and information for a
short-term patent application
In
addition to the documents and information listed above (click here)
you need to file
-
a copy of the international application as published by the International
Bureau;
-
a copy of the international search report (whether contained in
the international application as published or separately published);
-
the date of entry of the international application into the national
phase in China;
-
a copy of the translation of the international application (if
any) published by the State Intellectual Property Office, People's
Republic of China;
-
a copy of any information published by the State Intellectual
Property Office, People's Republic of China concerning the international
application;
-
if the short-term patent application is made within six months
after the State Intellectual Property Office, People's Republic
of China issues the national application notification, a copy
of the national application notification and the date of issue
of the notification.
Patent
information
Anyone
can make a search about published patent applications and patents
granted in Hong Kong, China at the online search system provided
by the Intellectual Property Department (http://ipsearch.ipd.gov.hk).
Information
about patent applications and granted patents is published in the
Hong Kong Intellectual Property Journal (http://www.ipd.gov.hk/eng/ip_journal.htm).
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