In Hong Kong, you can choose to protect your invention by a standard patent, or by a short-term patent. A short-term patent will last for a maximum term of 8 years subject to the payment of renewal fees. When the product, process or innovation has an expected commercial life cycle of less than 8 years,then you may consider this type of patent. In this exposition, you may be exposed to the application of short-term patent in HK.
Time for Application Filing
In general, there is no time limit for filing a short-term patent application in Hong Kong, China. But if you wish to claim priority from a first application in a Paris Convention country or World Trade Organization member territory you should file your short-term patent application in Hong Kong, China within 12 months of filing the first application.
If your invention has been disclosed and you claim that the disclosure does not prejudice your invention's novelty (section 109, Patents Ordinance) you should file your short-term patent application within 6 months of the disclosure.
Documents and Information Required
1. a request for grant on Patents Form P6;
2. a specification;
3. an abstract in both English and Chinese;
4. the title of invention in both English and Chinese;
5. applicant's name and address;
6. inventor's name and address;
7. a search report;
8. if you are not the inventor, a statement on Patents Form P6A indicating your entitlement to the short-term patent;
9. if priority is claimed, a statement of priority and priority documents;
10. if non-prejudicial disclosure is claimed, a statement and written evidence to support the claim;
11. an address for service in Hong Kong, China;
12. translations of information and documents as required.
If you appoint an agent, your agent is required to notify the Registrar of the address in Hong Kong, China where he resides or carries on his business activities.
Examination of the short-term patent in Hong Kong
If the applicant meets the minimum requirement for registration, only a defects check and a preliminary examination will be conducted by the IPD. After finishing the examination the application will enter the register of patents and be published in the Hong King Intellectual property journey.
Duration of short-term patent in Hong Kong
Beginning from the date of filing, the registration of a short-term patent lasts for 4 years. It may be extended for an additional period of 4 years, up to a maximum of 8 years from the filing date.
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to email@example.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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