Patenting in Hong Kong is subject to a certain number of peculiarities which stands out as a particularly atypical case, due to its nature as a special administrative region.
Patent in Hong Kong: essential features.
- Patents in Hong Kong are granted based on a formal examination of the application; patent’s examination does not extend to matters of substance relating to novelty or inventive step of the invention.
- The granting of a patent in Hong Kong relies on the registration of a patent filed by one of the three following patent offices:
- – Intellectual property Office of PRC,
- – European Patent Office and
- – UK Patent Office.
- A patent granted by Hong Kong is valid only in Hong Kong, so it does not provide protection in the People’s Republic of China (PRC).
- There are two types of patents in Hong Kong:
- – A standard patent.
- – A short-term patent.
- The scope of short-term patent has no difference from the standard one, and both may be obtained for the same subjects, mainly products and procedures.
short-term patent in Hong Kong: features
- Life of short-term patent is 8 years renewables every 4, counting from the first date of filing.
- It is the most interesting option for products and procedures of short commercial life because of its fast and low-cost processing.
- As a disadvantage, if the owner of a short-term patent have to prove the validity of the patent against third parties in the relevant judicial proceedings, its 8 years of maximum force might be limited considering the observance of its rights.
standard patent in Hong Kong: features
- Life of a standard patent in Hong Kong is 20 years from the first date of filing.
- This term represents the main benefit for providing longer-lasting protection that increases the chances of profitable the investment in its development and protection, as well as extend the period when enforcing rights against third parties. With longer term is more likely to impose the observance of rights.
- Its main disadvantages: higher costs including its maintenance in force as well as the longer processing.
Filing a patent at international level until its granting is a complex procedure, as well as the specification of the patent itself. That is why it is vital to have the support of a professional team with extensive legal expertise such as Protectia Patentes y Marcas.
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