Patents Laws in Hong Kong
Patent laws in Hong Kong are governed by a combination of local legislation and international treaties. Here's an overview of the key elements:
🔑 Key Legislation
Patents Ordinance (Cap. 514): The main law regulating patents in Hong Kong.
Patents (General) Rules (Cap. 514C): Provides procedural rules for patent applications and enforcement.
🧠 Types of Patents in Hong Kong
Standard Patent
Two-stage process:
Stage 1 (Request to Record): Based on a patent application filed with one of the three designated patent offices:
China National Intellectual Property Administration (CNIPA)
UK Intellectual Property Office (UKIPO)
European Patent Office (EPO) (designating the UK)
Stage 2 (Request for Grant): Must be made within 6 months after publication of the designated patent.
Term: Up to 20 years.
Original Grant Patent (OGP)
Introduced in December 2019.
Allows applicants to file directly with the Hong Kong Intellectual Property Department (IPD).
Subject to substantive examination.
Term: Up to 20 years.
Short-term Patent
Quick and cost-effective option.
Requires a search report from an approved searching authority.
No substantive examination unless challenged.
Term: Initially 8 years (4 years + 4-year renewal).
⚖️ Patent Requirements
To be patentable, an invention must be:
Novel
Involve an inventive step
Capable of industrial application
🌐 International Treaties
Hong Kong is not a separate member of the Patent Cooperation Treaty (PCT) but:
PCT applications designating China can lead to a Hong Kong patent via the standard patent route.
Applicants must still go through the re-registration system based on patents granted by one of the designated offices.
🛡️ Patent Enforcement
Patent owners can enforce rights through the Hong Kong courts.
Remedies include:
Injunctions
Damages or account of profits
Delivery up or destruction of infringing items
📝 Filing Authority
Intellectual Property Department (IPD)
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