The Intellectual Property Department (“IPD”) is pleased to announce that the Final Phase of the New Integrated IT System (“NIS”) will be launched on 19 December 2019, which will also be the commencement date of the new patent system.
To cater for the launch of the Final Phase of the NIS as well as the IT System in support of the new patent system, the Trade Marks Registry, Patents Registry and Designs Registry will make the following arrangements:
The new web-forms listed below relating to inter-partes proceedings, hearings and certified true copies as well as the new patent system will be available for e-filing with effect from 19 December 2019. The data fields for requesting extension of time for opposition and other proceedings in web-form T13 will also be enabled for users to submit their requests via our E-filing System.
Trade Marks Forms: T6, T7, T12, T14
Patents Forms: P2, P11, OP1, OP1A, OP2, OP3, OP4, OP5, OP6, OP7, OP8
Designs Form: D10
With the provision of web-forms T6, T7, T12 and P2 for matters relating to inter-partes proceedings and hearings, documents such as pleadings, counter-statement and correspondences can be filed electronically. However, there are still documents that remain unacceptable for e-filing. Details of the documents that are not acceptable for e-filing from 19 December 2019 will be specified in the revised “Terms of Use – Electronic Filing and Communication”.
There will be some textual amendments on Forms T6, T7, T12, T14, P2, P4, P5, P6, P8, P9, P10, P11, P12, P13, P15, P19, SP3, D5 and D10 for both paper and electronic filing. The updated version* will be used with effect from 19 December 2019 and will be specified via the Notice of Specification of Forms to be published in the HK IP Journal in December 2019. A transitional period of three months will be allowed except for Forms P9, P10 and P12 where the transitional period runs from 19 December 2019 to 14 September 2020.
For the new Form P6, the applicant may make a reference to an earlier specified application in that form instead of filing a description for the purpose of according a date of filing to the application. The applicant should note that the old Form P6 to be used during the transitional period does not contain a part for the applicant to provide that reference.
* including Forms P1, P1A, P14 and P17 with textual amendments which are for paper filing only.
To cater for the launch, the E-filing Service at https://efiling.ipd.gov.hk and the Online Search Service at https://esearch.ipd.gov.hk will be suspended from 14:00 on 18 December 2019 to 08:59 on 19 December 2019 (the “suspension period”). During the suspension period, all forms and correspondences must be submitted in person at IPD’s Public Service Counter or by mail to 24/F Wu Chung House, 213 Queen’s Road East, Wan Chai, Hong Kong (except the situation mentioned in paragraph 6 below).
For documents under section 15 or section 23 of the Patents Ordinance that are filed by fax during the suspension period, the hours of business and business days of the Patents Registry shall remain as Monday to Friday (24 hours) for the purpose of determining the earliest filing of those documents.
To facilitate the filing of documents that could otherwise be submitted by the E-filing Service during the suspension period, drop-box service will be arranged. A drop-box will be located at the IPD’s Public Service Counter from 17:46 to 20:00 on 18 December 2019. All forms and correspondences received during the hours specified above will be treated as filed on 18 December 2019. Payment of fee bearing forms should be made by cheque/bank draft (in Hong Kong dollars which can be cleared in the Hong Kong Special Administrative Region) payable to THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION. Cash will not be accepted. Official receipts will be returned by mail.
For the avoidance of doubt, drop-box service will only be available for documents that could be submitted by the E-filing Service. For the full list of submissions which are acceptable for drop-box filing, please refer to “List of submissions acceptable for electronic filing/communications” of the “Terms of Use – Electronic Filing and Communication” at https://www.ipd.gov.hk/filemanager/ipd/common/online-services/update/20191129-Electronic_Filing_and_Communication_eng (dd 20211022).pdf.
Please accept our sincere apologies for any inconvenience that may be caused to you during the suspension period. Thank you for your support and understanding.
Intellectual Property Department
29 November 2019
(updated on 12 December 2019, with changes highlighted in purple)