1. Definition: A standard patent refers to a patent registered and granted in Hong Kong after being examined and authorized by a designated patent office. The designated patent offices are China Patent Office, British Patent Office and European Patent Office (designated Britain).
2, Hong Kong patent application filing time and required materials:
1. the first stage of the standard patent application (step 1: submit the request to record the standard patent application):
1) application period: within 6 months from the date of authorization of the designated patent application, it shall not be extended.
2) Documents and materials
The public text of the patent office designated for the patent application.
English translation of abstract (if published in Chinese)
The Chinese and English names of the inventors, and the names and addresses of the applicants.
Indicate the application number, application date, publication number and publication date of the patent application.
Priority date and priority number (if any)
If there are requirements that do not damage novelty, a detailed description of the invention disclosure before the application shall be provided.
3) Submission fee and announcement fee (official fee):
The submission fee (HK$ 380 yuan) and the announcement fee (HK$ 68 yuan) must be paid within 1 month. If the payment is not made within the time limit, the applicant can make up the payment within 1 month from the date of receiving the notice, but an overdue fine will be charged. If the payment formalities are not completed within the time limit, the standard patent application shall be deemed to have been withdrawn.
2. The second stage of standard patent application (Step 2: Submit the request for registration and approval of standard patent):
1) application period: within 6 months from the date of authorization of the designated patent application, it shall not be extended.
2) Documents and materials:
A copy of the authorization document of the designated patent application;
Specify the date and number of authorization of the patent application;
3) Fees: The submission fee (HK$ 380 yuan) and the announcement fee (HK$ 68 yuan) shall be paid within 65,438+0 months after submission.
4) Duration of protection: The duration of protection of standard patents is 20 years (it needs to be renewed once a year), counting from the date of application by the designated patent office.
note:
1. Hong Kong standard patent is based on the patent registration system applied by the designated patent office. If you want to register in Hong Kong smoothly, you must grasp the above two time limits for registration in Hong Kong.
2. The Intellectual Property Department of Hong Kong does not conduct substantive examination of patent applications, but directly receives the authorization results of the corresponding patent applications from these patent offices.
3. If the designated patent application has not been authorized by the designated office for five years from the date of publication of the first step in Hong Kong, it cannot enter the second stage, and the application maintenance fee shall be paid year by year from the fifth year (there may be a delay period of six months), otherwise the application shall be deemed to be withdrawn.
Second, Hong Kong short-term patent application
1. Definition: Hong Kong short-term patent is the only patent application that can be submitted independently in Hong Kong. China's invention patents and utility model patents can be registered as short-term patents in Hongkong.
2. Time limit for application: Generally speaking, there is no time limit for short-term patent applications in China and Hongkong. However, if you intend to claim priority, because you first submitted your application in a Paris Convention country or a member region of the World Trade Organization, you must submit a short-term patent application in Hongkong, China within 12 months after submitting your first application. If the invention has been published, and it is claimed that the publication will not damage the novelty of the invention (Article 109 of the Patent Regulations), a short-term patent application must be filed within 6 months after the invention is published.
3. Documents and materials
A complete set of patent documents, including: a complete set of Chinese patent specifications and drawings, English abstracts and drawings of English abstracts, color scanned copies of priority documents (which can be supplemented within 2 months after receiving the review opinions), and scanned copies of official search reports; Name of inventor, Chinese and English name and address of applicant.
4. Fees (official fees): The submission fee (HK$ 755) and the announcement fee (HK$ 68 yuan) must be paid within 65,438+0 months after submission.
5. Duration of protection: The term of validity of short-term patents is 4 years, renewable for 4 years, and the longest term of validity is 8 years, counting from the application date or priority date.
note:
1. Apart from applying for short-term applications in Hong Kong, search reports can also be issued by the following authorities:
An international inspection agency designated according to Article 16 of the Patent Cooperation Treaty;
China National Intellectual Property Administration, People's Republic of China;
European Patent Office;
British Patent Office.
In order to save costs, if the applicant wants to protect multiple exclusive rights, he can apply for a search report in the authorities and submit several short-term applications in Hong Kong based on this search report.
3. The short-term patent processing time in Hongkong is relatively short, about 6-9 months, about one year earlier than that in China National Patent Office. And this year has enough advantages in business negotiation and product market operation. Although the patent is territorial, it is also a strong indication that a product has a Hong Kong patent, and it also shows that applying for a China patent can achieve good results.
Third, the patent design of appearance
1. Definition: The design in Hong Kong is similar to the design patent in China, but according to the laws of Hong Kong, the design in Hong Kong is not a patent, but an independent right.
2. Time limit for application: Generally speaking, there is no time limit for short-term patent applications in China and Hongkong. However, if you intend to claim priority, because you first apply in a Paris Convention country or a member region of the World Trade Organization, you must apply for a design in Hongkong, China within 6 months after submitting the first application.
3, documents and information:
Chinese or English name of the design
The Chinese and English names of the inventors, and the names and addresses of the applicants.
Classification of design
Design drawings
Where priority is claimed, the application number and date of the earlier application shall be provided, and a copy of the priority certificate shall be submitted within three months from the date of application. The priority document is not Chinese/English, and the priority needs English translation and translator's statement.
4. Submission fee and announcement fee: Payment (HK$ 785) and announcement fee (HK$ 155) shall be paid within 1 month.
5. Duration of protection: When the application goes smoothly, the Intellectual Property Department of Hong Kong will generally issue a design registration certificate within three months. The first registration is valid for 5 years, counting from the date of application. After paying the renewal fee, the registration period can be renewed for 5 years, but it can only be renewed for 4 times. Therefore, the longest patent period of design can be 25 years.
Note: Unlike the designs in China, the protection period of Hong Kong designs can be as long as 25 years. Applicants should grasp the renewal time.