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Patent Filing in Hong Kong

Hong Kong is a member of the Patent Co-operation Treaty and Paris Convention. Patent applications can be filed in Hong Kong through the PCT route or by filing directly as a conventional application.

Term of the Standard Patent: 20 years from the filing date Term of the short term Patent: 8 years Therefore, the applicant first needs to select the type of patent in order to file a patent application in Hong Kong.

Standard patent is obtained through the designated patent offices of The State Intellectual Property Office, People's Republic of China (SIPO), The European Patent Office (EPO), in respect of a patent designating the United Kingdom and The United Kingdom Patent Office (UKPTO).

 

Paradigm to obtain a patent in Hong Kong:-
  • Patent Filing
  • Publication
  • Examination within 36 months from date of filing
  • Compliance with the Office action either with written statement or hearing
  • Acceptance(notice of allowance) or rejection
  • The patentee shall pay an annual fee beginning with the year in which the patent right was granted.
Documents required for filing of Patent Application in Hong Kong

1.PCT National phase application

  • WIPO Publication
  • International Search Report
  • International Preliminary Examination Report (optional)
  • English or Chinese translation
  • Preliminary Examination report (Chapter II)
  • Statement on Patents Form (P6A), if applicant is not the inventor
  • Power of Attorney

2. Convention Application under Paris Convention

  • Complete specification
  • Drawings (if any)
  • Abstract
  • Certified copy of the priority document (s)
  • English or Chinese translation of the priority documents
  • Statement on Patent Form (P6A),if application is not an inventor
  • Power of Attorney
Remarks:
  • Timeline for entry into National phase in Hong Kong is 30 months
  • Timeline for filing a conventional application in Hong Kong is 12 months