Patents (Hong Kong SAR) [Q4]
E-mail:mail@cpahkltd.com
2. Q: To obtain standard patent protection in Hong Kong, what are the steps to be taken and the documents to to be submitted, and how long is the protection period for a standard patent?
  A:

The grant of a standard patent application in Hong Kong is based on the registration of a "designated" patent application, that is, a patent application filed with the State Intellectual Property Office ("SIPO") in China or with the European Patent Office (with United Kingdom being the designated country) or with United Kingdom Patent Office. The Intellectual Property Department of Hong Kong (HKIPD) does not conduct substantive examination of a patent application, but directly accept the grant result of the counterpart designated patent application from said designated patent office. A standard patent application involves two stages. Specifically, the applicant shall, within six months from the date of publication of the designated patent application made by the designated patent office, file with HKIPD a request to record a standard patent application (stage 1); and within six months from the date of announcement of the grant of the designated patent application from the patent office concerned, file with HKIPD a request for registration and grant of the standard patent application(stage 2). While filing the request in stage 1, the applicant shall furnish a copy of the published designated patent application and an abstract of the application in both Chinese and English; while filing the request in stage 2, the applicant shall furnish a copy of the announced designated patent application and an abstract in both Chinese and English. When filing a standard patent application, the applicant may choose to use either Chinese or English. Protection under standard patents is 20 years starting from the date of filing of the designated patent application.

Previous Next Close