Patent Application

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

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
Hong Kong	Invention patent(1st stage) (Standard patent)	30-36 months	20 years
	Invention patent(2nd stage) (Standard patent)	30-36 months	20 years
	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	10 years
U.S.	Invention patent	24-30 months	20 years
U.S.	Design Patent	10-12 months	14 years
EU	EPO Invention Patent	36-48 months	20 years
EU	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

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.