What is Intellectual Property? > Patents > Short-term patents

Grant of short-term patents

Short-term patents are one of the two types of patents granted in Hong Kong and applications for such patents have to be made to the Patents Registry. For details of the different types of patents granted in Hong Kong, you may refer to the information at How to apply for grant of patents in the Hong Kong SAR.

Upon receiving the application for a short-term patent, the Registry will examine the formalities of the application. The formalities are the information required in the application form and the supporting documents. There is no substantive examination of the application, which means that the Registry does not assess the patentability of the invention, that is, whether the invention is novel, involves an inventive step and is susceptible to industrial applications..

For details of the application procedure, the documents and information to be submitted to the Patents Registry and the process of examining an application for a short-term patent, you may refer to the information at How to apply for grant of patents in the Hong Kong SAR and Patent Protection in Hong Kong.

Enforcement actions by patent owners

The proprietor of a short-term patent can bring civil proceedings against infringements committed after the grant of the patent. However, the grant of the patent alone is not sufficient to ensure that the patent right can be enforced. In any enforcement proceedings before the court, the owner of a short-term patent has to first prove that his or her short-term patent is prima facie valid. Owners of short-term patents should consult their legal or technical advisers on this aspect before taking steps to enforce their patents.