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HK Patent Application
Editor:admin  Date:2014-08-18  Browse:12157 Text Size Print

Hong Kong patent type 
A) standard patent protection period of 20 years; 
B) short-term patent protection period of four years, renewable for a total of eight years;
C) design, the protection period of five years, renewable for four times, a total of 25 years. 
Standard patent 
Hong Kong's standard Huai patent practice registered designated national patent system, the designated patent office during the transition period there are Chinese Patent Office, the UK Patent Office and the European Patent Office. China's patent applications are eligible for a standard patent in Hong Kong. Sign up for a standard patent application is divided into two stages: 
(A) The first registration 
Registration is the first request of the designated patent application for registration. Applicant (specify UK) in China, the UK or European patent application date of the publication within six months at any time, should be made to the Hong Kong Intellectual Property Department of the registration request (ie, the application for a standard patent). Registration request should include the following documents: 
A) a copy of disclosure 
B) Records Request (Applicant Information: Name, address, telephone, fax, etc. (English)) 
C) If the applicant is inconsistent with the disclosure that is required to provide proof of the right to file an application for the transfer; 
When D) submitted a request to record the same time pay the application fee and promotional expenses (published in the Official Gazette fee); 
(B) a second registration 
The second registration is requested for the designated patent application to be registered and this piece of invention patent specification specified award criteria patents. Registration and authorization requests should be designated after the Patent Office granted a patent within six months, or a designated patent request for public records within six months from the date (to date, whichever is later) made in Hong Kong in the designated patent application. Registration and authorization request should include the following documents: 
A) verified by the designated patent office patent specification (including specification, claims and drawings) a; 
B) registration request; 
C) If the person making the registration and authorization requests are not registered in the registration book standard patent applicant, the request shall provide a lawful manner 
Right to apply for and obtain a statement supporting documents to support that statement; 
D) has already started in the registration statement and authorization request priority is claimed, shall provide a copy of the priority document; 
When E) submit a registration request, and pay the registration fee and promotional expenses. 
The documents listed above, the name of the invention and the applicant shall be marked with the Roman alphabet transliteration of the name, title of the invention and the abstract should be in both English and provide other documents in Chinese or English. The originals are not in English translation should be provided in both languages. 
Hong Kong Intellectual Property Department Patents Registry that is granted after passing the examination registration form and grant Hong Kong standard patent, publish an announcement in the Hong Kong government authorized the announcement, while the patent certificate sent to the patentee. 
Hong Kong standard patent is valid for 20 years from the filing date of the patent office designated counted, but the effective date shall start from the date of publication of the notice of authorization from the Hong Kong Government Gazette. 
Hong Kong standard patent is approved that independence, without affecting the original patent legal status of the specified changes. 
After June 27, 1997 China to apply for disclosure can apply for Hong Kong standard patent. 
Short-term patent 
Anyone can make a short-alone or apply directly to the Registrar of Patents Intellectual Property Department of the HKSAR in conjunction with others. 
Any product invention and methods of the invention can apply for short-term patent in Hong Kong. Hong Kong Intellectual Property Department in the form of short-term patent review not only the substantive examination, as long as the form to meet the requirements, and be granted a patent announcement in Hong Kong. 
The documents should be submitted to: 
A) application documents (including specification, claims, drawings, abstract); 
B) short-term patent request; 
C) The international search report; 
D) required to pay application fees and promotional expenses when applying. 
Hong Kong's design alone legislation to protect the Hong Kong Intellectual Property Department to accept the registration of designs and design registration application form to review, after the announcement of the verdict registration approval. Which is valid for five years, renewable for four times, each five years, up to a total term of protection of 25 years. 
Designs must be used in industrial products, an application may include a number of designs. Registered designs sold for the first time since the use of while enjoying copyright protection for 25 years, but can be registered registered designs can only enjoy copyright protection for 15 years. 
The documents should be submitted to: 
A) Appearance registration request; 
B) design drawings (drawings or photographs); its size - drawing no more than 210 × 297mm, photo does not exceed 160 × 160; surrounding the space of not less than 30mm; 
C) A statement of novelty; 
D) for graphic design or textile design, in addition to the drawings, it can also provide samples, but need to be placed in a separate envelope or package, no longer than 30cm, weighing not more than 4 kg; 
E) application fee and promotional expenses at the time of application; 
F) Where priority is claimed, should submit a certified priority document within three months after the filing date in Hong Kong, if the file is a text other than Chinese or English writing, but also comes with verified Chinese or English translation. 
PCT international application based on the Hong Kong standard patent applications and short-term patent application 
As the "Paris Convention for the Protection of Industrial Property" and "Patent Cooperation Treaty" also applies to Hong Kong, and therefore the international patent application under the PCT can be obtained by specifying the Chinese standard patent or a short-term patent protection in Hong Kong. 
(A) standard patent applications based on PCT application shall be standard practice conducted in two phases patent 
Period for making records request: If the application is based on Chinese International Bureau international publication shall be in the country since China issued a document from the date of notice of application numbers within six months; If the application is based on the International Bureau released other international characters, Chinese Patent Office shall announce the date of the application within six months. 
Information provided by: a verified copy of the international application published by the International Bureau, or any certified copy of a translation of the international application published by the Chinese Patent Office; China National Patent Office a copy of the notice of application number; 
Deadline for registration and approval of request: from the date of announcement authorized by the Chinese Patent Office within six months; or records requested by the Hong Kong Intellectual Property Department published within six months from the date of both, whichever is the later; 
(2) to an international application based on short-term patent application, where an international patent for utility model patents and seek designated China, where it enters the Chinese national phase, the international applicant may apply for Hong Kong in relation to short-term patent; 
Deadline to apply: The application enters the national phase in China and internationally in countries from China to apply from the date of posting the notice number at any time within six months; 
Information provided by: China National Patent Application No. copy of the notice; international application published by the International Bureau photocopy; international search report photocopy; Chinese Patent Office published a translation of the international application. 
If the patent applicant has changed in Hong Kong, transfer documents required to submit a notarized (can be made by the designated Office or former notary public made); and should be submitted within three months of pay apply. 
After registration certificate issued, if the change transfer, license or ownership occurs, you must register to the Hong Kong Intellectual Property Department, otherwise it will affect the interests of all. 
Upon approval, the franchise to pay an annual fee to maintain 
Standard patent - the date of approval to pay the renewal fee within the first three years before the expiration of three months, and then before the expiry of the renewal fee shall be paid annually; 
Short-term patent - after approval, from the filing date to pay the renewal fee within the first four years before the expiry of three months, renewable for four years to maintain effective; 
Designs - after initial period of registration within five years from the filing date, to pay the renewal fee before the expiry date may be extended five-year period.

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