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Standard Patents, Short-term Patents, Designs

standard patent Standard Patent short-term patent Short-term Patent design Design

Standard Patents, short-term patents and designs may be registered in Hong Kong. Under the new patent law from June 27, 1997, there are now two types of patents: standard patents and short-term patents.


standard patent Standard Patent

These are patents which can only be granted on the basis of a patent granted in a designated patent office. To obtain a standard patent the applicant must first file a patent application with a designated patent office, which are:

- Procedure

The official procedure for filing this "designated patent application" has two stages.

a.   Request to record application: First, a request must be made for the recordal of the designated patent application in Hong Kong, which must be made within six months from the publication of the designated patent application. If the request to record has been given a filing date and the required fees have been paid, examination of compliance of the formal requirements will be made. If any deficiencies are found the applicant will be given one month in which to remedy the defects. If the formal requirements are all in compliance, then the designated patent application will be recorded and the particulars of the request to record entered into the Register, the request to record made public, and a notice of this publication advertised in the Government Gazette.

b.   Registration and Grant: Within six months from the date of grant of a patent, a request for registration of the designated patent and for grant of a standard patent for the invention shown in the published specification of the designated patent must be filed. A filing fee and an advertisement fee are due on filing the request. Once the request for registration and grant has been given a filing date the Registrar will check that all formal requirements have been complied with (the applicant will be given two months to correct any deficiencies), and if the request is found to be in compliance, the designated patent will be registered and a standard patent for the invention granted; a certificate of the standard patent will be issued and a notice of grant advertised in the Gazette.

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- Filing Requirements : Standard Patent

Documents required for filing a standard patent must be filed in English or Chinese. The language in which the application is filed will be the language in which all future proceedings will be conducted.

Documents required include:

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short-term patent Short-term Patent

These are patents which have a duration of 8 years maximum from the filing date, which may be granted after a formal examination, however do not require examination of novelty, inventive step and industrial applicability. However, a novelty search report must be filed with such an application, and the application may be refused if the Examiner considers it to be contrary to public order or morality. Moreover, short-term patents are applied for directly with the Hong Kong Intellectual Property Office, and in this sense differ from the standard patent, which require a designated patent application. The required level of inventiveness for a short-term patent is the same as that of a standard patent.

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- Filing Requirements : Short-Term Patent top


design Design

To obtain design protection in Hong Kong, an application for design registration must be filed with the Designs Registry of the Intellectual Property Department in Hong Kong. A design is defined as the features of shape, configuration, pattern, or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye.

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- Filing Requirements : Designs top

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