Hong Kong is about to implement the original authorized patent system, patent applications have a new way!

Hong Kong is about to implement the original authorized patent system, patent applications have a new way!

2019Year10Month11The Hong Kong Government published a notice in the "Hong Kong Special Administrative Region Government Gazette", designating the day as 《2016Annual Patent(Revision)Regulations and 《2019Annual Patent(General)(Revision)effective date of the Rules. Hong Kong will be2019Year12Month19Under the new patent system, the original grant patent system will be introduced, allowing applicants to submit standard patent applications directly to the Hong Kong Patent Registry.

In the early days, Hong Kong established an independent patent system consisting of standard patents and short-term patents, where standard patents refer to patents that are registered and granted in Hong Kong after being examined and authorized by a designated patent office. The designated patent offices are the Chinese Patent Office, the UK Patent Office and the European Patent Office (designated UK). There are two procedures for an applicant to obtain a standard patent in Hong Kong: 1. the applicant should apply for his invention to any designated patent office; 2. after the application has been published by the designated patent office.6Apply to the Hong Kong Intellectual Property Department Registry for records within the next month, and the Registry will record and publish them after formal examination. The Registry grants registration and publishes a Hong Kong standard patent after formal examination. The term of protection of a standard patent is20years, from the date of application at the designated patent office. Short-term patents can be a more cost-effective alternative. Under the existing system, short-term patent applications can be filed directly with the Hong Kong Patent Registry and only a formal examination is required. The applicant may, from the date of filing of the application4Renewal after the year, valid for up8Year.

Under the new patent system, an alternative avenue is provided for patent applicants to seek standard patent protection in Hong Kong. Patent applicants will have the option of filing standard patent applications directly in Hong Kong, rather than being limited to the requirement under the current "re-registration" system to first file the corresponding patent application in a designated patent authority outside Hong Kong. At present, the recruitment of patent examiners in Hong Kong has been completed, and the new computer consultation system and new patent examination guidelines are in order. These tasks are expected to be completed by the end of the year.

A spokesman for the Hong Kong Commerce and Economic Development Bureau said: "The implementation of the new patent system is a milestone in the development of Hong Kong's patent system and demonstrates our commitment to strengthening the protection of intellectual property rights, which will greatly contribute to the long-term development of Hong Kong as a center for innovation and intellectual property trade. In addition to the introduction of the original grant patent system, the new patent system also includes the optimization of the existing short-term patent system to enhance the integrity of the short-term patent system while maintaining the overall cost-effectiveness of seeking short-term patent protection in Hong Kong. The new legislation will also prohibit the use in Hong Kong of certain misleading or confusing titles or descriptions relating to patent practice.