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Types of patents

Types of patents

Types of IP

Types of patents


In Hong Kong you can choose to protect your invention by a standard patent, or by a short-term patent.

The main differences between the two types of patents are:

Feature

Standard Patent

Short-Term Patent

Maximum protection term (subject to payment of renewal fees)

20 years

8 years

Essential requirements to be met

 

Application has to be made on the basis of the corresponding patent application filed with and also patent grant by one of the three designated patent offices:

  • the State Intellectual Property Office of Mainland China;
  • the United Kingdom Patent Office; or
  • the European Patent Office for patent applications designating the United Kingdom

 

Direct application can be made in Hong Kong without first having to apply for a patent in a designated patent office. 

The application has to be supported by, amongst others, a search report containing the findings of a search undertaken by any of the International Searching Authorities appointed under Article 16 of the Patent Cooperation Treaty or any of the three designated patent offices.

How much does it cost?

On filing a Request to Record:

Filing fee (HK$ 380) and an advertisement fee (HK$ 68)

On filing a Request for Registration and Grant, the following additional fees:

Filing fee (HK$ 380) and an advertisement fee (HK$ 68)

Filing fee (HK$ 755) and an advertisement fee (HK$ 68)

Are annual renewal fees payable?

Yes, after 3 years.

Yes, after 4 years.

After the patent is granted, can the patent owner enforce the patent against infringers?

Yes.

The owner of a standard patent can bring civil proceedings against an infringer after the grant of the patent, and seek remedies including an injunction, an order for delivery up, damages or an account of the profits and a declaration that the patent is valid and has been infringed.

Yes

The owner of a short-term patent can bring civil proceedings against an infringer after the grant of the patent, and seek remedies including an injunction, an order for delivery up, damages or an account of the profits and a declaration that the patent is valid and has been infringed.

In any enforcement proceedings before the court, the owner of a short-term patent however has to first prove that his or her short-term patent is prima facie valid.  Owners of short-term patents should therefore consult their legal or technical advisers on this aspect before taking steps to enforce their patents.

When would you consider this type of patent?

1. When the product, process or innovation has an expected long commercial life cycle of more than 8 years.

2. When you seek an investor or venture capitalist to invest in your technology business, who requires robust patent protection.

When the product, process or innovation has an expected commercial life cycle of less than 8 years.