New patent system in Hong Kong


 

Overview

Under the new patent system, an original grant patent (OGP) system has been introduced. This provides patent applicants an alternative route of seeking standard patent protection in Hong Kong.
 
Patent applicants now have the option of filing standard patent applications directly in Hong Kong. A prior filing of corresponding applications with a designated patent office outside Hong Kong - as required under the existing "re-registration" system - is no longer required. 
 
Furthermore, the new patent system refines the existing short term patent (STP) system, while still offering this cost-effective way of obtaining protection in Hong Kong. The use of certain misleading or confusing titles/descriptions relating to the qualification of patent practitioners is also prohibited in Hong Kong under the new patent system.
 
In tandem with the launch of the new patent system, a new electronic processing system starts operation today to underpin electronic patent searches and filings. Preferential fees are offered to electronic filings of all patent applications, which are some 28 percent below the fees for paper filings.

New patent system
The  new system  enables applications  for the following types  of patents in Hong Kong:
  1. Standard patents with a maximum protection term of 20 years. This can be done either via the new and direct local OGP route mentioned above or the existing “re-registration”  route based on an earlier corresponding patent application filed with the patent office in Mainland China, the United Kingdom, or the  European Patent Office (for patent applications designating the United Kingdom).
  2. Short-term patents with a maximum protection term of 8 years via the existing direct local route. The reform of the patent system promotes local innovation and attracts enterprises to set up R&D operations in Hong Kong for its cost-effectiveness, flexibility in filing and the enhancement of system integrity.  
Relevant materials regarding the filing requirements and procedures under the new patent system such as Legislative Amendments, Patents Examination Guidelines, Specified Forms & Fees, etc. can be found on the Intellectual Property Department (IDP)'s website.
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