After receiving a short-term patent application, the Patent Registry will conduct a formal examination. Formal review refers to the review of the information specified in the application form and relevant supporting documents. The patent registry will not examine the application in substance, that is, it will not examine the patentability of the invention, that is, whether the invention is novel, creative and can be used in industry.
1, the patentee's enforcement right
The owner of a short-term patent may file a civil lawsuit against the infringement after the patent is approved. However, just granting patents is not enough to ensure the implementation of patents. In any legal proceedings to exercise the court's rights, the owner of a short-term patent must first provide sufficient evidence to prove the effectiveness of his short-term patent with prima facie evidence. Short-term patent owners should consult their legal or technical advisers before taking action to enforce their patents.
Step 2 apply for a patent
The application must be submitted to the Patent Registry of the Intellectual Property Department. China and Hongkong will not automatically protect patents filed in other parts of the world or in other parts of China.
The patent application will be examined by the patent registrar to ensure that the application meets the formal requirements for filing a patent application. We will not make substantive inspection and review on the novelty or creativity of the invention.
A short-term patent application:
In Hong Kong, the approval of short-term patents is based on a search report issued by one of the international search bureaus or one of the designated patent offices. If you intend to apply for a short-term patent in Hong Kong, you must submit an approval request and attach relevant documents and materials to support it.
1) When will the application be submitted?
Generally speaking, there is no time limit for filing short-term patent applications in Hong Kong. However, if the applicant claims that he enjoys priority because he first filed an application in a Paris Convention country or a member region of the World Trade Organization, he must file a short-term patent application in Hong Kong within 12 months after submitting the first application.
If the applicant's invention has been described as novel (Article 109 of the Patent Regulations), a short-term patent application must be filed within six months after the publication of the invention.
2) Documents and materials
The applicant must submit the following documents/materials:
Submit the approval request with the patent number. P6；
A description (Article113 (b) of the Patent Regulations and Article 58 (2) 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;
If the applicant is not an inventor, please submit a patent form number P7, indicating that the applicant enjoys 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);
According to the international patent classification, the invention has reached the subclass level;
Address for service of documents in Hong Kong;
And the translation of relevant materials and documents that need to be provided.
3) Search report
The applicant must submit a search report issued by one of the following search bureaus to support his short-term patent application:
The search bureau of the International Patent Registry designated according to Article 16 of the Patent Cooperation Treaty; China National Intellectual Property Administration, People's Republic of China; European Patent Office; And the British Patent Office. Information about the International Search Bureau can be found in the information desk of the Intellectual Property Department.
4) Submission fee and announcement fee
The submission fee and announcement fee shall be paid within one month after the earliest submission of any part of the application.
5) Approval
The applicant may request the Patent Registry to approve the applicant's short-term patent. The arrangement of approving short-term patents will give applicants more time to obtain search reports from designated search bureaus. The approval of short-term patents can be retained for a maximum of 12 months, counting from the date of application.
6) Date of submission
The patent registry will set a filing date for the applicant's short-term patent application after the applicant indicates the applicant's name and explains the invention.
7) Review and approval
The patent registry will examine the applicant's application after determining the filing date of the application; If there are any deficiencies in the application, the patent registration office will notify the applicant to make corrections within 2 months. If there are no shortcomings, or the shortcomings have been corrected, the Patent Registry will approve short-term patents. See the workflow for details of the invention review procedure.
Source of reference: http://www.ipd.gov.hk/sc/intellectual _ Property/Patent/Patent _ protection.pdf.