1. Application process of Hong Kong standard patent
1. Original standard patent (OGP)
Direct application: Since 219, the original patent system has been implemented in Hong Kong, and applicants can directly submit patent applications in Hong Kong without going through designated patent authorities outside Hong Kong (such as
substantive examination: the original patent application must be examined in substance by the Hong Kong Patent Registry to determine whether the invention meets the authorization conditions.
submission of documents and information: the applicant shall submit detailed patent specifications, claims, abstracts and other documents, as well as the applicant's name, address and other necessary information.
examination and authorization: the patent registration office will examine the application, and if it meets the authorization conditions, it will grant the patent right and issue a patent certificate.
2. Transcription of standard patents
Stage I: Record request
Time requirement: Submit a record request to the Hong Kong Intellectual Property Department within 6 months after the publication of the designated patent application (that is, the invention patent application submitted by China, Britain or the European Patent Office).
required documents and information: including applicant's name, address, inventor's name, invention name (in Chinese and English), specific information of designated patent (such as application number, application date, publication number, publication date, etc.), specific information of PCT application (if applicable), priority information (such as claiming priority), etc.
Formal review: The Intellectual Property Department of Hong Kong will conduct a formal review of the record request, and if it meets the requirements, it will record it and announce it.
stage ii: registration and authorization request
time requirement: submit the registration and authorization request to the intellectual property department of hong kong within 6 months after the designated patent authority announces the authorization of the application.
required documents and information: including Hong Kong application number, publication number, publication date, information of the applicant, specific information of the designated patent (such as application number, announcement number, authorization date, etc.), and a copy of the authorized patent document announced by the designated patent authority, etc.
Examination and authorization: Hong Kong Intellectual Property Department will examine the registration and authorization request, and if it meets the requirements, it will grant a patent right and issue a patent certificate.
ii. application process of design patent in hong kong
application submission: applicants need to submit pictures or photographs of design (not less than 3cm× 8cm and not more than 15cm× 22cm) and necessary information (such as design name, inventor's name, address, nationality, applicant's name, address, nationality, etc.).
Formal examination: The Intellectual Property Department of Hong Kong will conduct a formal examination of the application to confirm that the application documents meet the requirements.
authorization and announcement: if the application passes the formal examination, the Hong Kong Intellectual Property Department will grant the design patent right and make an announcement in the patent register.
term of protection: the term of protection of a design patent is 5 years, which can be renewed for 4 times, each time for 5 years, and the total term shall not exceed 25 years.
Precautions
Applicants can choose to submit their applications in Chinese or English, but they should pay attention to the language consistency in subsequent legal proceedings.
in the application process, if you need the help of an agency, you should sign an agency contract.
The patent system in Hong Kong is flexible, and applicants can choose the appropriate patent types and application channels according to their own needs.