Patent is an exclusive right granted by the authority of a jurisdiction to the applicant/owner/inventor to use and exploit 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, mostly based on the product size, shape and structure. Methods or compute applications are mostly ineligible to be protected under Utility Model Patent but Invention Patent.
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 varies depending on the country and the type of patent applied.
Eligibility
Practicality
Novelty
Creativity
Benefits
Exclusivity
Magnificent in return on investments
Opportunity to license or resell the invention
Enhance the corporate image
Patent Duration
| Regions | Type | Required Time | Duration |
|---|---|---|---|
| Hong Kong | Invention patent(1st stage) (Standard patent) | 30-36 months | 20 years |
| Invention patent(2nd stage) (Standard patent) | |||
| Utility Model Patent (Short term patent) | 8-10 months | 8 years | |
| Design Patent | 7-8 months | 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 patent | 24-30 months | 20 years |
| Design Patent | 10-12 months | 14 years | |
| EU | EPO Invention Patent | 36-48 months | 20 years |
| EU 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 | |
| Australia | Invention patent (Standard patent) | 24-30 months | 20 years |
| Utility Model Patent (Invention Patent) | 6-10 months | 8 years | |
| Design Patent | 7-10 months | 10 years |
Patent priority right
The priority right allows the claimant to file a subsequent application in another country for the same invention or design.
Domestic priority right：Some countries allow inventors to claim the priority of a first application when filing a subsequent application with the same jurisdiction within 12 months for sake of supplementing a previously filed patent. It is noted that design patent is excluded from such particular priority right.
Right of prioriry：The priority date of the later filed applications in other jurisdiction would be the application date of the first application, if the applicant is able to file a subsequent application of invention patent or utility model patent of the same invention in other jurisdictions within 12 months. The same applies for design patent but with a shorter time limit of 6 months.
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 of respective countries. Protection will not be granted automatically in Hong Kong, even though you have applied your patent in China and/or other countries.
To Hong Kong, whereas utility patent(short term patent) can be registered by passing the formality examination through Patent Registry of HKIPD.
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.
