Patents
What are patents and what do they protect?
Patents are monopoly rights designed to protect inventions. An invention is patentable if it is :-
New Involves an inventive step Capable of industrial application Not an excluded invention.
What types of patents are available in Hong Kong?
It is possible to apply for a standard patent in Hong Kong and the term of protection is a maximum of 20 years. It is also possible to apply for short term patents when the term of protection is a maximum of 8 years
Why would I apply for a short term patent?
Short term patents are granted without substantive examination of the invention. Therefore, if the commercial life of the patent is very short, the inventor may be happy with a patent which lasts for 8 years as he is able to recoup his investment within that short period of time.
How do I apply for a patent?
The Hong Kong Patents Registry does not conduct its own examination procedure for patent applications. The Patents Ordinance provides that a person who has been granted a patent from a "designated patent office" may register a patent in Hong Kong. At present, there are three designated patent offices; the PRC Patents Office, the UK Patents Office and the European Patents Office where the U.K. has been named as the designated country.
A PRC patent does not confer patent rights in Hong Kong. If the owner of a PRC patent wishes to obtain patent rights in Hong Kong, the PRC patent must be re-registered in Hong Kong.
What is the procedure for applying for a standard patent?
Applying for a standard patent involves a two stage process. Firstly, an applicant must file with the Hong Kong Patents Registry, a request to record the designated patent application within 6 months after the publication of the patent application in a designated patent office. once the patent has been granted in a designated patent office, the applicant must, within 6 months of grant file a request for registration and grant of the Hong Kong patent with the Hong Kong Patents Registry
What rights do patent owners have?
A patentee (of either a standard or short term patent) has the right to use the invention. Accordingly, the patentee has the right to stop unauthorised persons from, amongst other things, manufacturing and/or using or importing a patented product or using the patented process. A patentee also has the right to stop unauthorised third parties from using the invention indirectly.
