Patent law in Hong Kong

The patent law in Hong Kong is based on the Hong Kong Patents Ordinance of 27 June 1997, as last amended on 22 February 2008.[1] The Hong Kong patent system is independent from the patent system in the People's Republic of China (PRC), in that a "patent granted for Hong Kong SAR takes effect in Hong Kong only and does not provide for protection in the People's Republic of China (PRC)".[1]

Two types of patents for inventions are available in Hong Kong, the so-called "standard patent" and the "short-term patent":[2]

  • A standard patent in Hong Kong can be based on a European patent application designating to United Kingdom, or a patent application in the PRC or the United Kingdom (UK).[1][3] The standard patent is independent from the original foreign patent (i.e., from the Chinese patent, the European patent, or the UK patent).[2]
  • Short-term patents are also available. Such patents have a maximum term of eight years from the filing date.[1][2] The short-term patents are subject to a formality examination only, not to a substantive examination on the patentability of the invention.[2]

See also

  • Hong Kong Institute of Patent Attorneys

References

  1. 1 2 3 4 European Patent Office (EPO) web site, Patent protection in Hong Kong Special Administration Region Archived 2010-10-31 at the Wayback Machine., Information from the European Patent Office, 3 November 2009. Consulted on November 12, 2009.
  2. 1 2 3 4 Peter K F Cheung (19 April 2012). Past, present and future of the Hong Kong patent system (PDF). East meets West 2012. Vienna, Austria. Retrieved 5 May 2012.
  3. ↑ "Patent Protection in Hong Kong" (PDF). http://www.ipd.gov.hk. Government of the Hong Kong Special Administrative Region. 2006. Retrieved August 5, 2013. External link in |website= (help)


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