Patent is an exclusive right granted to an inventor to use the patented invention.

Patent Types

  • Invention Patent(Standard patent)﹕Products or ways that differ in some way and have significant improvement from existing technology.

  • Utility Model Patent(Short term patent)﹕Significant improvement from the existing products is shown based on the product size, shape and structure.

  • Design Patent:Protection of the unique visual qualities, including shape, pattern and color, of a manufactured item.

Patent Synopsis

Exclusivity

The exclusive right to manufacture, use, sell and import the invention.

Regionalism

The exclusive patent right will be valid in designated country or region in which it has been filed and granted.

Time

The patent right will be valid for a period of time, and the duration vary depending on the country and the type of patent applied.

Eligibility

Practicality

The invention can be made or used practically with effectiveness

Novelty

The invention must contain with new elements which is different from the existing knowledge in its technical field.

Creativity

The invention must be creative and unable to be discovered by relevant professionals effortlessly.

Benefits

Exclusivity

Underpin the market proposition

Magnificent in return on investments

Opportunity to license or resell the invention

Enhance the corporate image

Patent Duration

Regions Type Required Time Duration
Hon Kong Invention patent(1st stage) (Standard patent) 3-6 months 20 years
Invention patent(2nd stage) (Standard patent)
Utility Model Patent (Short term patent) 8 years
Design Patent 25 years
China Invention patent 30-36 months 20 years
Utility Model Patent 12-18 months 10 years
Design Patent 9-12 months
U.S. Invention or Utility Model Patent 24-30 months 20 years
Design Patent 10-12 months 14 years
EU Invention patent 36-48 months 20 years
Design Patent 4-6 months 25 years
Japan Invention patent 24-30 months 20 years
Utility Model Patent 8-12 months 10 years
Design Patent 15-18 months 20 years
Korea Invention patent 30-36 months 20 years
Utility Model Patent 12-18 months 15 years
Design Patent 10-15 months 20 years

Patent priority right

The priority right allows the claimant to file a subsequent application in another country for the same invention, design, or trademark effective as of the date of filing the first application.

  • Domestic priority right:Allows inventors to claim the priority of a first application when filing a subsequent application with the same jurisdiction within 12 months. It is noted to mention that design patent is excluded from priority right.

  • Right of prioriry:If applicant fills a subsequent application of invention patent and utility model patent with the same jurisdiction within 12 months, or apply Hong Kong design patent upon 6 months of the patent application in other countries,  first application of the same patent will be the application date of Hong Kong patent.

Patent FAQ

Patent application

Q1:Do I meet the requirement of applying patent?
A1:Applicant should be the invention owner, or if the applicant is not the owner, he/she has to submit a statement with supporting documents, to explain the ownership of the invention.

Q2:How can I apply the patent?
A2:Applicant should apply through the Patents Registry of the Intellectual Property Department. Protection will not be given automatically to the patent that applied in China or other countries. Application will go through the examination process to ensure the application requirement is met.  Yet, Patents Registry will not conduct substantive examination on the creativeness of the invention.

For invention patent(standard patent), applicant should file an application in China (SIPO), EU (EPO) or UK (UKIPO) first before extending the patent application to Hong Kong, whereas utility patent(short term patent) can be conduct by formality examination through Patent Registry.

Should you have any inquries about patent application, please feel free to contact our IP consultant anytime.

Q3:Which patent types should I apply?
A3:
Invention patent (Standard patent):(1) When the product life / invention life lasts more than 8 years, (2) When investors or enterprises who invests on related IT business requests a longer patent protection period.
Utility patent (Short term patent):When the product life / invention life lasts less than 8 years

All information is subject to HKIPD. You may click here to view more details.

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