How to Apply For Register Patent in Hong Kong

Apply For Register Patent in Hong Kong

There are two steps during the registration process of traditional patents.
The documents you’ll need to provide at each step are provided below. Links are also included under “Documents to Use” section that you can use to download applications forms.
Make sure you submit all the required documents and pay the applicable charges.
The application will be analyzed and you will be informed if there are any issues with your application.

Required Documents For Register Patent

Standard patent:

The initial stage (documents and the information required for your application):

A request to record it the request on Patents Form P4;
A copy of the patent application that is designated as patent-worthy;
the name of the invention both in English as well as Chinese;
Abstracts abstract in both English as well as Chinese;
Name and address of the applicant;
If you aren’t the person named as the applicant in the patent applications, then a written statement outlining your rights and any supporting documents (for instance, a copy of your assignment);
If the inventor is not mentioned in the designated patent application, provide a declaration of the person you believe to be the inventor
If you have claimed priority, you have to provide that you are from the territory or country where the priority claim was filed, along with the priority application number as well as the date on which you filed your priority application;
If you claim non-prejudicial disclosure, it is necessary mention the name and address of the specified event or meeting where the invention was made public and the date that the exhibit or meeting opened the event or meeting as well as the date of the first disclosure;
an address to receive service for service Hong Kong, China;
Documents and information translations in accordance with the requirements.

If you designate an agent, the agent must notify to the Register of Hong Kong, China where they reside or carry out his business.

2nd Stage

an application for registration and grant of Patents Form P5
Copy of the specification published by the patent designated (you must confirm that it’s a valid duplicate of the document that was that was issued or maintained by the appropriate Patent Office);
the name of the invention, both in English as well as Chinese;
If you aren’t the applicant listed as the applicant in the conventional patent application the statement stating your right to file and any supporting documents that establish your rights (for instance, a copy of your assignment);
An address for service to be provided in Hong Kong, China;
Documents and information translations when required.

If you choose to appoint an agent, the agent is required to inform that the Registry of his address is Hong Kong, China where the agent lives or conducts his business.

Short-term patent application:

A request for grant on Patents Form P6;
A description (section 113(1)(b) the Patents Ordinance along with sections 58(2) and 60, and 59 (Patents (General) rules);
Abstracts are available abstract that is available in an abstract in both English an abstract in both English and Chinese (section section 61 of Patents (General) rules);
the name of the invention, both in English as well as Chinese;
the name of the applicant and their address;
Address and name of the inventor;
A record of a search (see the next paragraph);
If you’re an inventor but not the one who invented it, you must submit a declaration on the Patents Form P6A that demonstrates your right to the patent for a short period;
If priority is claimed, the statement of priority as well as documents indicating priority (section of 69 in the Patents (General) Regulations);
If non-prejudicial disclosure is sought with a written statement and evidence to back any claim (sections of 58 and 70 of the Patents (General) Regulations);
An address for service for service Hong Kong, China;
Translations of documents and information when required.

If you designate an agent, the agent is required to inform to the Register of Hong Kong, China where they reside or carry out his business.

Office Locations and Contacts

Intellectual Property Department24/F and 25/F Wu Chung House,
213 Queen’s Road East,
Wanchai, Hong Kong

Open hours: 9:00 a.m. from 5:00 p.m. (Mon through Friday)

Telephone: (852)2961 6901

Fax:
Patents and Designs Registries: (852)2838 315 or (852)3188 5359
Register of Trademarks: (852)2838 6082 / (852)2574 4345

Email: enquiry@ipd.gov.hk

What are all the Eligibility

Owners of the invention could apply for the process.
If you are applying for an ordinary patent from Hong Kong, China but you aren’t the applicant listed in the application for patents You will be required to submit a statement along with additional documents (for instance, a copy an assignment form) outlining your right to apply.

Fees

Standard patent application – the first stage with filing fee and advertisement fee:

Filing fee: HK$380
Advertising cost : HK$68

Patent application standard – 2nd stage with filing fee and an advertisement fee:

Filing fee: HK$380
Advertising cost : HK$68

Fees are due within one month from the date of filing for the demand for registration as well as the grant.

Short-term patent application:

Filing fee: HK$755.
Advertisement fee: HK$68

Fees are due within one month from the date of your earliest submission of any portion or application.

Validity

Patent protection under standard patents is renewed every year following the third year for up to 20 years. The protection granted by short-term patents is renewed after four years following the filing for the maximum period that is eight years.

Documents to Utilize

Patents Formula P4
– Request to file a specified patent application for an ordinary patent
Patents form P5 – Request for registration of granted patent and the grant of an ordinary patent
Patents form P6 Request for the granted of a patent for a short-term

Patents form P6A – Declaration of inventorship of a patent that is short-term

Instructions

In order to apply for the procedure, you must file an application through the Patents Registry of the Intellectual Property Department. Making an application for a patent anywhere around the globe or in another region of China will not automatically grant the protection you need for protection in Hong Kong, China.
The Registrar of Patents will examine your patent application to verify that it is in compliance with the formal requirements to file. The Registrar won’t conduct substantive research or an examination of the novelty or the inventiveness the invention.

Requirements Information

Standard patent application:

Initial step – you have to submit a request for record the application in Hong Kong, China within six months from the date of publication of your patent application at the patent office designated for that.
Second step – you must to submit a formal demand for registration as well as grant to Hong Kong, China at the latest , within six months of the publication date of the request to be recorded the request in Hong Kong, China, or the granted of the patent through the designated Patent Office.

Short-term patent application In general, there is no deadline to file a short-term patent applications within Hong Kong, China. If you’d like to get priority from the first application you filed within the Paris Convention country or World Trade Organization member country, you need to file your short-term request with Hong Kong, China within 12 months after filing the initial application.

If your invention was disclosed and you believe that the disclosure did not alter the novelty of your invention (section 109 of the Patents Ordinance) you should make your short-term application for patent within 6 months from the date of disclosure.

Documentation is needed

Patents are grants of property rights granted to an inventor to prevent other people from making or using or offering for sale or selling his invention Hong Kong.
There are two kinds of patents in the HKSAR The standard and the short-term.
This guideline provides the information you need to file an ordinary patent in Hong Hong Kong’s Intellectual Property Department.

External Links

Intellectual Property Department