【Type】

Short-term Patent

【Duration】

8 years from the filing date

【Filing Requirements】

An application can be filed directly at the Hong Kong Patents Registry. No official search and substantive examination will be conducted during the prosecution. The patent application will be granted after passing a formality examination. The specification shall contain one or more claims but not exceeding two independent claims.

A search report prepared by the prescribed search authority must be filed with the Patents Registry within the prescribed period before the grant of the short-term patent right.

The proprietor of a short-term patent or a third party with reasonable grounds or a legitimate commercial interest may request the Registrar of Patents to conduct a substantive examination of the patent as a precondition for the commencement of enforcement proceedings. This mechanism prevents abuse of the short-term patent system while maintaining the overall cost-effectiveness of seeking short-term patent protection in Hong Kong.

【Language of Proceedings】

Chinese or English

【Required Information and Documents】
  1. Applicant’s name and address;

  2. Inventor’s name and address;

  3. A copy of specification in either Chinese or English together with corresponding drawings (if available);

  4. Title of the invention in both Chinese and English;

  5. An abstract in both Chinese and English;

  6. An original (or certified copy) of search report made by one of the international searching authorities under Article 16 of Patent Co-operation Treaty (i.e. China Patent Office, European Patent Office, or United Kingdom Patent Office);

  7. If the applicant is not the same applicant as named in the priority patent application, a statement explaining the applicant’s right to apply with supporting document (for example a copy of an assignment) is required;

  8. If priority is claimed, country or region, application number and date on which the priority application is filed are required to state. A certified copy of the priority application document is required to submit to the Patents Registry. If the text of the certified priority application is not in Chinese or English, an additional Chinese or English sworn translation (A sworn translation is a document that has been signed and sealed by an authorized (sworn) translator.) is required to provide.

【Renewal】

Renewal fee is payable three months before the expiry of the fourth year from the filing date for an extended period of four years. The patent can be renewed up to 8 years.