Having a patent grant in Hong Kong will give you commercial advantages. Take note, the country has around 8 million people. This population is higher than in some other European countries.
In this guide, you’ll learn the different types of patents you can get in Hong Kong. With this, you’ll get an idea of how the country’s patent system works. Read on and find out more today.
You can get a standard patent using a two-stage application process. First, you’ll need to fill out a request to record a pending application in the United Kingdom, Europe, or China. That means you can’t file for a standard patent if you have no patent application in any of these locations.
Upon satisfying the requirements, you can only file the second stage when you get a patent grant from the abovementioned locations. But the patent you use on the second stage must be the same as the first stage. For example, if you use a UK designated application during the first stage, you can’t use a designated patent from China on the second.
It doesn’t matter even when both the designated application and designated patent pertains to the same invention. The main feature of a standard patent is its two-decade term. It means you have the patent for 20 years from the filing date of your designated application, regardless of location.
If you want to get earlier enforceable rights, you can fill out a short-term patent application. It’s easier to get this patent type, but you only have 8 years patent from its filing date. The good news is that the rights you get are the same as the ones you get from a standard Hong Kong Patent.
A short-term patent won’t have a substantive examination. It’s granted upon satisfying all the formality requirements set by the Hong Kong Patents Registry. You can direct your patents to any subject matter, which includes compositions, methods, and other chemical compounds.
You can also expect a short-term patent to get granted within 6-18 months from its filing date. Take note, this patent often needs direct filing in Hong Kong. That means you need to apply within 12 months after claiming priority.
The most important thing to remember is that you can get both short-term and standard patents for the same invention at the same time. It’s possible since the Hong Kong Patents Ordinance allows it.
If you’re filing for a UK patent, know that it doesn’t take a lot for it to get granted. With that, you aren’t going to get a lot of advantages out of short-term patents. That makes the UK route more attractive for most people getting a Hong Kong patent.
CtR Intellectual Property Co. is a Hong Kong Patent Application Grant authorised patent agent offering PAG agent service, professional trademark and patent application & related services. We have more than 100 cases of PAG application experience in the past 5 years, and the application success rate is over 86%. For details of the PAG, patent and trademark application, please contact us for free consulation.
CtR Intellectual Property Co.
Hong Kong Patent Application Grant Authorised Patent Agent
Offering Professional Patent and
Hong Kong Trademark Application & Related Services