Patent is a right granted to anyone who invents any new and useful process, machine, article of manufacture or composition of matter.
The patent registration system of Hong Kong provides territorial protection. Hence, patents registered with the State Intellectual Property Office of the People’s Republic of China or patents registries of other countries or regions do not automatically receive protection in Hong Kong. In order to obtain protection as registered patents in Hong Kong, patents must be registered under the Patents Ordinance (Chapter 514) and the Patents (General) Rules (Chapter 514C) of Hong Kong.
There are two types of patents in Hong Kong
· Standard: The period of protection of a standard patent can be renewed annually after the end of the third year, up to maximum term of 20 years.
· Short-term: Protection under a short-term patent is renewable after the end of the fourth year, up to a maximum term of eight years.
In order to encourage enterprises and inventors to protect their technological research results and transfer their innovation results into assets, the HKSAR Government has allocated a fund to sponsor Hong Kong incorporated companies or Hong Kong permanent residents to apply for patents in Hong Kong and overseas. First time applicants can get a maximum of 90% sponsorship for their application cost (subject to a maximum of HK$250,000 for each application) when they apply for patents in Hong Kong or overseas through HKPC. The grant of a standard patent in Hong Kong is based on the registration of a patent granted by one of three patent offices, called “designated patent offices”:
· The State Intellectual Property Office, People's Republic of China,
· The European Patent Office, in respect of a patent designating the United Kingdom,
· The United Kingdom Patent Office.
· Documentation for Patent Application
· Apply and register Patent in Hong Kong
· Infringement analysis of Patent
· Apply and register Patent in China
· Renewal of Patent