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Based on applications submitted to designated patent offices (such as the China National Intellectual Property Administration, the UK Intellectual Property Office, and the European Patent Office), a request for recordal can be submitted to the Hong Kong Intellectual Property Department within six months after the publication of the invention application. Upon submission, a filing receipt will be issued.
If there are no formal issues, the application will be published in the Hong Kong Intellectual Property Journal.
Within six months after the grant of the designated patent by the relevant patent authority, a request for registration and grant can be submitted to the Hong Kong Special Administrative Region. If there are no formal issues, the Hong Kong Intellectual Property Department will register the designated patent and issue a patent certificate.
Within 12 months from the priority date, the applicant can submit a standard patent (O) application to the Hong Kong Intellectual Property Department (HKIPD). Upon submission, a filing receipt will be issued.
Formality Examination
Within 18 months from the priority date, the application will be published in the Hong Kong Intellectual Property Journal.
Within 3 years from the priority date, a request for substantive examination must be submitted to the HKIPD.
Upon resolving all formality and substantive issues, the HKIPD will register the designated patent and issue a patent certificate.
The annuity shall be paid yearly after allowance.
20 years.
◎ Specification of the patent application
◎ Related information of applicants and inventors
◎ For a Hong Kong invention patent entering directly through the Paris Convention, the application must be filed within 12 months from the earliest priority date.
◎ For applications through designated patent offices (such as the China National Intellectual Property Administration, the UK Intellectual Property Office, and the European Patent Office), a request to record must be submitted to the Hong Kong Intellectual Property Department (HKIPD) within 6 months after the publication of the invention application.
◎ The filing language for Hong Kong patents can be Simplified Chinese, Traditional Chinese, or English.
◎ PCT international applications cannot directly enter Hong Kong through the national phase. However, they can be extended to Hong Kong by entering the national phase in China, the UK, or the European Patent Office (designating the UK), followed by submitting a request to record the standard patent in Hong Kong.
◎ No, the designated patent for both the first and second stages of the designated patent in Hong Kong must be from the same designated office. For example, it is not permissible to submit the publication from the China National Intellectual Property Administration for the first stage recordal and then use the granted result from the European Patent Office for the second stage registration.
◎ The entire examination process of a standard patent (O) application from filing to grant is normally expected to take at least 2 to 3 years given that the application has to undergo different key examination procedures.
Complete Submission:
◎ Ensure that your application includes all the required information and supporting documents. Incomplete applications can cause delays as they need to be rectified before proceeding.
Early Publication:
◎ Elect to file a request for early publication of your application as soon as practicable. This step moves your application forward in the examination queue.
Prompt Substantive Examination Request:
◎ File a request for substantive examination promptly. The earlier you make this request, the sooner your application will be examined in detail.
No Voluntary Amendments:
◎ Submit a written statement to the Registrar confirming that no voluntary amendments are required. This indicates that your application is ready for examination without further changes, thus speeding up the process.
Timely Responses:
◎ Respond promptly to any office actions raised by the Registrar throughout the examination. Delays in responding to office actions can significantly extend the examination timeline.