Individuals can apply for a patent registration for their inventions if they wish to prevent other from copying, manufacturing, selling, producing and exporting their patented inventions. The main characteristic of an invention that can be patented is that it is new. The investors can consider the commercial value of their new product and the issues related to licensing to determine if their invention is worth patenting.
Our Hong Kong company formation experts can help you throughout the patent registration process of you do not have any previous experience with registering inventions and the applicable patent laws in Hong Kong.
We invite you to watch a short video about the process of applying for a patent in Hong Kong:
The application process for patents in Hong Kong
Patent applications in Hong Kong are submitted to the Patents Registry belonging to the Hong Kong Intellectual Property Department. Investors who already have a patented invention in another country will still need to make this application to make sure that their unique invention is also protected in Hong Kong.
The inventor is the one who has the right to apply for a patent. Those individuals who make the application on behalf of the inventor or are designated to do so must file a statement and provide additional documents to prove that they have the right to apply for a patent.
In order to apply for a standard patent application, individuals will first need to make a request for the registration of the patent application and afterward make a request for registration and grant in Hong Kong.
The patent application can be filed in English or Chinese. The mandatory documents include:
-patents form (request to record),
-a copy of the published patent application,
-the name of the invention,
-the inventor’s /applicant’s name and identification details,
-further identification and proof of the right to apply for individuals who are not the investors,
-any additional documents, translated if necessary.
Investors can make a standard application or a short-term patent application. Patent protection can be renewed after its expiration date of three years for the standard type.
The Hong Kong patent law
The Patents Ordinance is the legislative document that determines the type of patents available in Hong Kong and the manner in which they are protected. Additional notices and rules are used in connection to the Patents Ordinance.
Applicants can search for the published patents applications and granted applications in Hong Kong before submitting their own applications.
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