The new Hong Kong Patent Ordinance was passed by the Legislative Council 1997 on May 28th and came into effect on June 27th. The new regulations stipulate that Hong Kong will establish an independent patent system consisting of standard patents and short-term patents.
A standard patent refers to a patent registered and granted in Hong Kong after examination and authorization by a designated patent office. The designated patent offices are China Patent Office, British Patent Office and European Patent Office (designated Britain). There are two steps to obtaining a standard patent. First of all, the applicant must apply to the designated patent office for his invention, and apply to the Hong Kong Intellectual Property Department Registry for filing within six months after the designated patent office publicly applies. After formal examination, the registry records and publishes it. Then the application must choose a later date-within 6 months after the patent right is granted or the filing application is made public, apply to the intellectual property department for registration authorization. After formal examination, the Registry granted registration and granted Hong Kong standard patents for publication. The protection period of a standard patent is 20 years, counting from the date when the designated patent office accepts the application.
The new "Regulations" also stipulates the protection system of short-term patents. The purpose of establishing short-term patents is to protect inventions with short-term commercial value so that applicants can obtain patents as soon as possible. The Registry of the Intellectual Property Department directly accepts short-term patent applications. For short-term patents, the registry does not conduct substantive examination, but grants the patent right as long as the form is qualified. However, when submitting a short-term patent application, the applicant should also submit a search report on the patent made by a designated search agency. Short-term patents are valid for 4 years and can be renewed for 4 years, counting from the application date or priority date.
Two. Hong Kong's New Registered Appearance Ordinance
The new Registered Appearance Ordinance was passed by the Legislative Council on June 4th, 1997, and came into effect on June 27th.
Hong Kong has established a system of registering for court appearance without substantive examination. The initial validity period of a design is 5 years from the date of submitting the application for registration, and it can be renewed for 5 years at a time thereafter, but the total validity period of registration shall not exceed 25 years from the date of submitting the application for registration.
Third, how to apply for a standard patent?
In China and Hongkong, the granting of standard patents is based on the patent registration granted by the following three patent offices (hereinafter referred to as "designated patent offices"):
The procedure for the British Patent Office to apply for a standard patent in China and Hongkong is divided into two stages, and the applicant must submit the following two requests:
Request to record the designated patent application refers to the patent application published in China National Intellectual Property Administration, the European Patent Office (the designated United Kingdom) or the Patent Office of the United Kingdom of People's Republic of China (PRC) (the first stage);
And submit a request for registration and grant in Hong Kong for patents that have been granted by China National Intellectual Property Administration of the People's Republic of China, the European Patent Office (designating the United Kingdom) or the Patent Office of the United Kingdom (Phase II).
Fourth, how to apply for a short-term patent?
The granting of short-term patents in China and Hongkong is based on the inspection report of one of the international inspection agencies or one of the designated patent agencies. If you want to apply for a short-term patent in China and Hongkong, you must submit an authorization request and attach the necessary documents and materials.
First, submit an application for utility model to China Patent Office, and then within 12 months after the application date (application priority period), take the application date of China as the priority date, and then file a short-term patent application with the Hong Kong Intellectual Property Department. Before submitting a short-term patent application, a request for novelty retrieval (or retrieval) of an invention or utility model must be submitted to the Chinese Patent Office, and a short-term patent application can only be submitted after obtaining a retrieval report (retrieval report).
Inventors or creators can use China utility model patents and Hong Kong short-term patents to protect their inventions or products in China and Hong Kong respectively.
Hongkong's short-term patent application does not depend on China's invention application or utility model application. Therefore, when an invention or creation only needs patent protection in Hong Kong, it is not necessary to file a similar application with China first, but only to file a short-term patent application with the Intellectual Property Department of Hong Kong. However, before submitting the application, it is still necessary to entrust the Chinese Patent Office to search and obtain the search report.
For the designated China Utility Model International (PCT) application, the applicant can submit a short-term patent application to the Hong Kong Intellectual Property Department within 6 months after entering the national phase in China.
Verb (abbreviation of verb) standard patent application stage 1: application fee and announcement fee.
The submission fee (HK$ 380 yuan) and the announcement fee (HK$ 68 yuan) must be paid within 1 month after submitting any part of the recording request for the first time.
Sixth, the first stage of the standard patent application: the date of filing.
After the record request contains information identifying the applicant, refers to the designated patent application, and lists the designated patent application number, publication number and publication date, the Intellectual Property Department of Hong Kong will set the filing date for the record request.
7. The second stage of standard patent application: When will the application be submitted?
The applicant must submit a request for registration and grant in Hong Kong, China at the latest within 6 months after the request for registration is published in Hong Kong, China or the designated patent is granted by the designated patent office.
Eight. The second stage of standard patent application: documents and materials
The following documents/materials must be submitted: submit the registration and authorization request in patent form P5; A copy of the published specification of the designated patent (it must be confirmed that the copy of the specification is a true copy of the document issued or kept by the relevant designated patent authority); Chinese and English names of inventions; If the applicant is not named in the relevant standard patent application, a statement explaining the right to apply and supporting documents (such as a copy of the transfer document) to prove the right to apply must be submitted; Address for service in Hongkong, China; And the translation of relevant materials and documents that need to be provided.
If an agent is entrusted, the agent must provide the address of residence or business activities in China and Hongkong.
Nine, the second stage of standard patent application: application fee and announcement fee.
The submission fee (HK$ 380 yuan) and the announcement fee (HK$ 68 yuan) must be paid within 1 month after the earliest submission of any part of the registration and grant request.
X. Short-term patent application: When will the application be submitted?
Generally speaking, there is no time limit for filing 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.
XI。 Short-term patent applications: documents and materials
The following documents/materials must be submitted:
Submit the description of the grant request in P6 patent form (Article113 (b) of the Patent Regulations and Articles 58(2), 59, 60 and 64 of the Patent (General) Rules); Chinese and English abstract (Article 6 1 of the Patent (General) Rules); Chinese and English names of inventions; The name and address of the applicant; Name and address of the inventor; Inspection report (see below); If you are not an inventor, please submit a patent form number P6A, indicating that you enjoy a short-term patent; Where priority is claimed, please submit the priority statement and relevant priority documents (Article 69 of the Patent (General Rules)); If you intend to advocate non-destructive disclosure, please submit relevant statements and written evidence to support this claim (Articles 58 and 70 of the Patent (General) Rules); Address for service in Hongkong, China; Translation of relevant materials and documents to be provided. If an agent is entrusted, the agent must provide the address of residence or business activities in China and Hongkong.
12. Short-term patent application: application fee and announcement fee.
The submission fee (HK$ 755) and the announcement fee (HK$ 68 yuan) must be paid within 1 month after the earliest submission of any part of the application.
Thirteen. Short-term patent application: date of filing
After the short-term patent application states the name and invention of the applicant, the Intellectual Property Department will set the filing date for the short-term patent application.
Fourteen International application submitted under patent cooperation treaty
If you file an international application to designate China, you can also apply for standard or short-term patent protection in the Hong Kong Special Administrative Region. You can submit an international application to the China National Intellectual Property Administration of the People's Republic of China or the International Bureau, and submit a standard or short-term patent application in Hongkong, China after the international application has entered the national stage in China. The application for granting a patent based on the international application for designating China is as follows.
If the international application aims at protecting utility models, you can apply for short-term patent protection in Hongkong, China. However, it is worth noting that China and Hongkong have the same standards for novelty and creativity, whether it is a standard patent or a short-term patent. Short-term patents that do not meet the standards may be questioned by the court in the future.
15. How to apply for a patent in China and Hongkong:
Since China implements one country, two systems to Hong Kong, and the new patent system in Hong Kong has been localized, inventors or creators who wish to obtain patent protection for their products or methods in China and Hong Kong must apply for or register in both places. The following is a brief description of three patent application procedures:
(a) Standard patents-equivalent to Chinese mainland's invention patents.
Submit an application for a patent for invention to the Chinese Patent Office and make a request for substantive examination. Submit a request for recording the standard patent (first-stage application) to the Intellectual Property Department of Hong Kong within 6 months after the publication (also known as publication or publication) of the patent application for the invention.
Within 6 months after the Chinese Patent Office approved the application as an invention patent, it submitted a request for registration and granting of a standard patent (second-stage application) to the Intellectual Property Department of Hong Kong, and granted the standard patent after formal examination.
As can be seen from the above, Hong Kong standard patent is based on China invention patent, and the application and registration of Hong Kong standard patent must depend on the publication and approval of China invention patent application. After the two patents are approved, the invention will be protected by invention patents and standard patents in China and Hongkong respectively.
An applicant who submits an international (PCT) invention patent application and designates China can submit a request for recording a standard patent to the Hong Kong Intellectual Property Department within six months after entering the national phase in China, that is, after the notice of the national application number is issued by the China Patent Office. Submit a request for registration and granting a standard patent to the Hong Kong Intellectual Property Department within 6 months after the international invention patent application is approved in China.
(2) Short-term patents-equivalent to utility model patents in the Mainland.
First, submit an application for utility model to China Patent Office, and then within 12 months after the application date (application priority period), take the application date of China as the priority date, and then file a short-term patent application with the Hong Kong Intellectual Property Department. Before submitting a short-term patent application, a request for novelty retrieval (or retrieval) of an invention or utility model must be submitted to the Chinese Patent Office, and a short-term patent application can only be submitted after obtaining a retrieval report (retrieval report).
Inventors or creators can use China utility model patents and Hong Kong short-term patents to protect their inventions or products in China and Hong Kong respectively.
Hongkong's short-term patent application does not depend on China's invention application or utility model application. Therefore, when an invention or creation only needs patent protection in Hong Kong, it is not necessary to file a similar application with China first, but only to file a short-term patent application with the Intellectual Property Department of Hong Kong, but it is still necessary to entrust the Chinese Patent Office to search and obtain the search report before submitting the application.
For the designated China Utility Model International (PCT) application, the applicant may submit a short-term patent application to the Hong Kong Intellectual Property Department within 6 months after entering the national phase in China.
(3) Design patent
Within 6 months after submitting an application for a patent for design to the China Patent Office (the deadline for applying for priority), take the filing date of China as the priority date, and then submit an application for registered design to the Hong Kong Intellectual Property Department. After the two applications are approved respectively, the design patent will take effect in China and Hongkong respectively.
If the applicant only wants the design of the product to be protected in Hong Kong, he can apply for registration in Hong Kong alone, and it is not required to be based on the China application.
As China's Patent Law and its implementing rules have not been amended for the establishment of a new patent system in Hong Kong, when applying for a short-term patent or registering a design in Hong Kong and then applying for a patent for a utility model or design for the same invention or creation in China, they still do not enjoy priority. Therefore, it is suggested that applicants should apply to the Chinese Patent Office before applying for a patent or registering a design in China Mainland and Hongkong.
Sixteen, to apply for a patent in Hong Kong need to provide documents and materials:
(1) Documents and materials required for standard patents
The first stage:
1. specifies the public text of the patent office, including the public text of the PCT application;
2. Chinese and English abstracts;
3. Chinese and English names of inventions.
The second stage:
The announcement text of the designated patent office. If the designated patent office is not announced, the authorization certificate issued by the designated patent office must be provided first.
(2) Documents and materials required for short-term patents
1. Description, drawings, claims, abstract and drawings;
2. Search report issued by the designated National Patent Office;
3. For priority applications, priority documents shall be submitted;
4.PCT applications to enter China also need to provide the following documents:
1) The public text of the PCT application includes a copy of the search report.
2) Date of entering the China stage.
3) Copy of the public text of China Patent Office (if any).
(3) Documents and materials required for applying for a patent for design.
To apply for a patent for design, it is necessary to provide pictures or photographs that meet the requirements and make necessary explanations. The picture requires a six-dimensional view. If there are no pictures and photos to provide physical samples, the company will provide photos.