The grant of a short-term patent in Hong Kong is based upon a search report issued by –

An application may be filed in English or in Chinese. It can either be filed online or be physically lodged with the Patents Registry, Intellectual Property Department of the Government of the Hong Kong SAR.

An application for a short term patent can be made at any time before disclosure of the invention in question. However, if you wish to claim priority based on the filing of a prior application in another country, the application should be filed within 12 months of making that other application.

Subject to formality examination by the Registrar of Patents and due correction of deficiencies by the applicant, if any, the Registrar will grant a short-term patent. It normally takes about three months after the filing of an application for a short-term patent for the Registrar to grant the patent provided that all information and documents in support of the application meet the prescribed requirements for grant. The Registrar will publish details of the granted patent and advertise the grant in the Hong Kong Intellectual Property Journal.

Post-grant substantive examination of short-term patent

A short-term patent owner or any person having reasonable grounds or legitimate business interests may request the Registrar to conduct substantive examination of the patent for determining the validity of the grant.

The substantive examination procedure of a short-term patent is similar to that of a standard patent (O) application.

A short-term patent owner may make a request to amend the specification of his patent at the time of requesting post-grant examination or for the purpose of addressing and overcoming an office action raised by the Registrar during post-grant substantive examination. Such request to amend is subject to opposition by a third party.

If the Registrar, having conducted substantive examination of a short-term patent and having considered the patent owner’s response(s) to any office action(s) and any opposition by a third party to any request to amend the specification of the patent, is of the view that all examination requirements have been complied with, the Registrar will issue a certificate of substantive examination and enter a record in the register accordingly.

For more information about applying for a short-term patent in Hong Kong, visit the Intellectual Property Department of the Government of the Hong Kong SAR.