What are Patents

Patents protect your invention by giving you, the patent owner, a legal right to prevent others from manufacturing, using, selling or importing your patented invention.

Applying for a Patent

You need to file an application with the Patents Registry of the Intellectual Property Department. Applying for a patent elsewhere in the world or in other regions of China does not automatically give you protection in Hong Kong, China.

The Registrar of Patents examines your patent application to ensure that it meets the formal requirements for filing. We do not conduct substantive search and examination of the novelty or inventiveness of your invention.

There are two types of patent registration:

1. Standard Patent

Protection under standard patents is renewable annually for a maximum term of 20 years.

Applying for a Standard Patent

The grant of a standard patent in Hong Kong, China 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, China is made in two stages by filing

1. a request to record the designated patent application, that is the Chinese, EP(UK) or UK published patent application (stage 1)
2. a request for registration and grant in Hong Kong, China of the Chinese, EP(UK) or UK granted patent (stage 2).

Documents and Information – First Stage

• A request to record on Patents
• 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

Documents and Information – Second Stage

• A request for registration and grant on Patents
• 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

2. Short-Term Patent

Protection under short-term patents is renewable after four years from filing, for a maximum term of eight years.

Applying for a Short-Term Patent

The grant of a short-term patent in Hong Kong, China is based on a search report from an international searching authority or one of three designated patent offices.

Documents and Information Required

A short-term patent application in Hong Kong, China is made by filing a request for grant supported by the documents and information listed as follows:

• A request for grant on Patents
• A specification (section 113(1)(b), Patents Ordinance and sections 58(2), 59, 60 and 64, Patents (General) Rules)
• An abstract in both English and Chinese (section 61, Patents (General) Rules)
• 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 indicating your entitlement to the short-term patent
• If priority is claimed, a statement of priority and priority documents (section 69, Patents (General) Rules)
• If non-prejudicial disclosure is claimed, a statement and written evidence to support the claim (sections 58 and 70, Patents (General) Rules)
• An address for service in Hong Kong, China
• Translations of information and documents as required.