- Asian
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Application channels
1. Apply directly
2. Application based on PCT international application -
Application Language
Chinese or English
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Duration
8 years
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Formality Examination
Generally speaking, there is no time limit for submitting short-term patent applications in HKIPD. But if the applicant claims priority through the Paris Convention, they must file a short-term patent application with HKIPD within 12 months of the earliest priority date, and provide the following information at the time of application:
A、 Form P6, prepared in the language of the legal proceedings chosen by the applicant (i.e. English or Chinese) and signed by the applicant (Part 16 of Form P6);
B、 Patent specification;
C、 The Chinese and English versions of the invention name and abstract;
D、 Names and addresses of inventors and applicants;
E、 Priority information (such as requesting priority).
Any product invention and method invention can apply for short-term patents in Hong Kong. Generally speaking, there is no time limit for submitting short-term patent applications. But if the applicant intends to claim priority due to filing the first application in a member state of the Paris Convention or a member region of the World Trade Organization, they must file a short-term patent application in Hong Kong, China within 12 months after submitting the first application. The Hong Kong Intellectual Property Department only conducts formal examination on short-term patents without substantive examination. As long as the application meets the requirements in form, it can be granted patent rights and announced.
The registration of Hong Kong standard patents and short-term patents based on PCT international applications is also applicable to Hong Kong under the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty. International patent applications filed under PCT can obtain standard patent or short-term patent protection in Hong Kong by designating China.
1. The standard patent application based on PCT application follows the two-stage approach of standard patent application.
Deadline for filing a record request: If the application is published by the International Bureau in Chinese, the corresponding deadline is within 6 months from the date of issuance of the Chinese National Application Number Notification; If the patent application is internationally published by the International Bureau in other languages, the corresponding deadline is within 6 months from the date of publication of the application by the Chinese Patent Office. The deadline for submitting registration and approval requests is within 6 months from the date of authorization announcement by the Chinese Patent Office.
2. Short term patent applications based on international applications, where an international applicant seeks a utility model patent and designates China, after entering the Chinese national phase, the applicant may obtain a Hong Kong short-term patent for the application. Deadline for filing application: At any time within six months after the international application enters the Chinese national phase or within six months from the date of issuance of the Chinese national application number notification.
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Application channels
Direct Application
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Application Language
Chinese or English
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Duration
Initial validity period of 5 years
The longest extension can be up to 25 years -
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Formality Examination
1. The Chinese and English names of design patents
2. Design product drawings
3. Brief description of design patent
4. Basic information of the applicant (including name and address)
5. Basic information of the designer (including name and address)
Hong Kong legislates separately for the protection of exterior design. The Hong Kong Intellectual Property Department's Design Registry accepts design applications and conducts a formal examination of them. After approval, they are registered and published. The appearance design must be applicable to industrial products, and one application can include multiple appearance designs.
When a design requirement is protected in Hong Kong, it is only necessary to submit a design application to the Hong Kong Intellectual Property Department. If the applicant has applied for registration of a design in the Hong Kong Special Administrative Region within 6 months after submitting the initial application for registration in any Paris Convention country or World Trade Organization member country (including China), region, or locality, they may claim priority.
After receiving the application, the registration office will provide the application date and application number.
Review whether the application meets the formal requirements.
If the design application meets the formal requirements, it will be recorded in the design registration register, and the Intellectual Property Department will issue a registration certificate and publish a notice in the Gazette.
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Application channels
Direct Application
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Application Language
Chinese or English
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Duration
20 years
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Formality Examination
There are two types of standard patents in Hong Kong: original authorized standard patents and transcribed standard patents
Due to the fact that the types of patents currently applied for in Hong Kong are mainly transcription standard patents and short-term patents, the following will introduce the relevant content of transcription standard patent applications.
The application process for transcription standard patents is divided into two stages, namely "Request for Record Submission of Designated Patent Application" and "Hong Kong Submission of Registration and Authorization Request".
Within 6 months after the publication of a designated patent application (i.e. an invention patent application submitted in the three countries or regions mentioned above), the applicant shall submit a record filing request to the Hong Kong Intellectual Property Department (HKIPD) of China. At this stage, the applicant shall submit the following documents:
A、 A form for recording requests;
B、 A publicly available copy of the designated patent application;
C、 The Chinese and English versions of the invention name and abstract;
D、 Names and addresses of inventors and applicants;
E、 Priority information (such as requesting priority).
F. Specific information of PCT application (if any)
The applicant must submit a registration and authorization request to HKIPD within 6 months after the publication of the record request or the authorization of the designated patent by the designated patent authority (whichever is later). At this stage, the applicant needs to submit the following documents:
A、 A registration and authorization request form;
B、 A copy of the designated patent specification that has been authorized for publication;
C、 The Chinese and English names of the invention.