Patent protection applications based on PCT international applications mainly include Hong Kong standard patent applications and short-term patent applications.
Since the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty also apply to Hong Kong, an international patent application filed under PCT can obtain standard patent or short-term patent protection in Hong Kong by designating China.
(1) The standard patent application based on PCT application should be carried out in two stages.
Time limit for filing a request: if the application is published internationally by the International Bureau in Chinese, it shall be within 6 months from the date of issuing the notice of China's national application number; If the international bureau of the application is published internationally in other languages, it shall be within 6 months from the date of publication of the application by the Chinese Patent Office.
Information provided: a verified copy of the international application published by the International Bureau, or a verified copy of any translation of the international application published by the China Patent Office; A copy of the notice of the national application number of China Patent Office;
Time limit for requesting approval and registration: within 6 months from the date of the announcement of authorization issued by China Patent Office; Or within 6 months from the date of publication of the record request of the Intellectual Property Department of Hong Kong, whichever is the latter;
(2) Short-term patent applications based on international applications. International Patent Where a utility model patent is sought and China is designated, the international applicant can obtain a short-term patent in Hongkong when applying for entering the national phase of China;
Time limit for filing an application: at any time when an international application enters the national phase of China, within 6 months from the date of issuing the notification of China's national application number;
Information provided: a copy of the notice of national application number of China Patent Office; A copy of the international application published by the International Bureau; A copy of the international search report; Translation of international application published by China Patent Office.