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Guide for Filing a Patent in Hong Kong

    Hong Kong, a Special Administrative Region of China, operates itself Legal System. A patent granted in mainland of China is not automatically effective in Hong Kong.

    The patent in Hong Kong has three kinds, i.e., standard patent, short-term patent and industrial design.

Filing a Standard Patent in Hong Kong

Procedure I: Request to record a designated patent application:
    Within six months from publication of a patent application in one of the three designated offices of CN, UK, or EPO (designating UK), a Request to record (to be prepared by Agent) has to be filed. The documents and information as bellow should be provided by applicant:
a) Applicantกฏs details, including Applicantกฏs name, address, Tel. And Fax Nos. Names and addresses in Chinese of Applicant and Inventors, if available, should also be provided. If Inventors are Chinese, Korean, or Japanese, their names, as transliterated in Roman alphabet, should also be given.
b) Details of designated patent application, including Title of Invention, Filing Date, Filing No., Publication Date and Publication No..
c) Details of priority (if any). No need to submit the certified priority document.
d) Two copy of the designated patent application, as published, in loose leaf form.
e) Translation of the abstract into both Chinese and English, if the original application is in a language other than the above two.
f) A statement explaining the Applicantกฏs entitlement to apply and the prescribed documents supporting the statement (if Applicant is not the same person in the application, as published).
Government filing fee and advertising fee has to be paid upon filing
Procedure II: Request for registration and grant:
    Within six months from the date of grant of the designated patent, or publication in Hong Kong of the Request to Record, whichever is later, Applicant has to apply for registration in Hong Kong by filing a Request for Registration Form (to be prepared by Agent), and providing a verified copy of the published specification of the designated patent.
    Government registration fee and advertising fee have to be paid.
    Subject to payment in Hong Kong of renewal fees (first renewal before expiry of the third year, and subsequent renewals annually), the life of a standard patent shall be 20 years from filing.
    A standard patent once registered in Hong Kong is an independent patent, not dependent on the validity of any registrations in China, UK, or EPO.
    PCT Applications: Patent protection in Hong Kong can also be obtained via the PCT route, if China (PRC) is designated. For registration in Hong Kong, the 2-stage system still applies. Request to record shall be filed within six months from the date of the issuance of the National Application Notification by the Chinese Patent Office. Similarly, a Request for Registration should be filed within six months after grant.
Filing A Short-term Patent in Hong Kong
    An application for a short-term patent for product or process can be filed direct in Hong Kong, if Applicant can provide a search report issued from one of the international searching authorities designated by WIPO.
    The life of a short-term patent shall be 4 years from the Hong Kong filing date, and it is renewable for another four years. The said searching report can be late submitted, provided a deferral of grant of patent is requested by Applicant, within at most 12 months after the Hong Kong filing date.

    Documents and information to be provided are more or less same as for standard patents. If applicant is not the sole inventor or applicants are not the joint inventors, a Statement of Inventorship should be provided, plus documents supporting the Statement.

    Where the Registrar notes that there are deficiencies as regards the formal requirements which may be corrected, he shall give Applicant a term of two months for remedy of said deficiencies.
    In case a Convention priority is claimed, a statement of priority plus a duly verified priority document should be submitted. If the priority document is in a language other than the two official languages, a duly certified translation should be attached to the priority document.

Filing A Industrial Design in Hong Kong

    Industrial Designs in Hong Kong are valid for 5 years, plus four renewals (5 years each), making a total of 25 years.

a) Application: An application for protection of design can be filed directly in Hong Kong by submitting a proper Application Form containing Applicantกฏs name and address (to be prepared by Agent), as well as seven sets of clear representations of the design (drawings or photos) plus a statement of novelty. Name and address of Applicant in Chinese, if available, should also be provided.
b) Drawings in size shall not be larger than 210 X 297 mm, and photos, not larger than 160 X 160 mm. Any one side of a view shall not be less than 30 mm in size. The features of the design for which novelty is claimed are the shape and configuration and/or pattern and ornamentation, as appropriate; said design being applied to an article by any industrial process.
c) Multiple Applications: More than one design can be included in one application if the designs relate to the same Locarno class, or the same set of articles.
d) Upon filing, government filing fee and advertising fee shall be paid .
e) Where a Convention priority is claimed, a certified priority document should be submitted within not more than three months from the Hong Kong Filing Date; and if the certified priority document is in a language other than Chinese and English, a verified translation should be attached to the priority document.

f) Where Designer(s) is (are) not same as Applicant(s), or where Applicant in the Convention priority document is different from the one now filing in Hong Kong, an assignment, duly notarized, should be submitted within not more than three months from the Hong Kong Filing Date.

    Registered designs have concurrent copyright protection for 25 years from first marketing of the article.

Should you have any questions, Please contact our International Department:

TEL: 86-10-66514270
FAX: 86-10-66514272
mail.GIF (139 bytes) E-mail: bpa@bpta.com.cn

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