Patents in Hong Kong

The Hong Kong Special Administrative Region Government Intellectual Property Department (HKSAR IPD) operates Patent Registry and all matters relating to the grant, administration or litigation in relation to patents in Hong Kong.

Questions:

1. What types of patents are provided in Hong Kong?
2. What language is used in a Hong Kong patent application?
3. How to apply for a standard patent?
4. How to apply for a short-term patent?

Answers:

Question 1: What types of patents are provided in Hong Kong?
Answer: There are two types of patent in the HKSAR: Standard Patent and Short-term Patent. 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.

Question 2: What Language is used in a Hong Kong patent application?
Answer: You can file your application in English or in Chinese. Patent application forms are available in either language. 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.

Question 3: How to apply for a standard patent?
Answer: The grant of a standard patent in Hong Kong 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 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).
In stage 1, the following documents need to be filed:
  • 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.
In stage 2, the following documents need to be filed:
  • 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.

Question 4: How to apply for a short-term patent?
Answer: The grant of a short-term patent in Hong Kong 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 is made by filing a request for grant supported by the documents and information listed below.
  • a request for grant on Patents Form P6;
  • a specification;
  • an abstract in both English and Chinese;
  • the title of invention in both English and Chinese;
  • applicant's name and address;
  • inventor's name and address;
  • a search report;
  • 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;
  • if non-prejudicial disclosure is claimed, a statement and written evidence to support the claim;
  • an address for service in Hong Kong;
  • translations of information and documents as required.
Source: Hong Kong Special Administrative Region Government Intellectual Property Department (HKSAR IPD)

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