A standard patent (O) application is subject to both formality and substantive examination.
The Registrar will examine whether the application fulfils the formal requirements, namely it contains the supporting information and documents as required by the patent legislation.
The applicant needs to file a request with the Registrar for substantive examination of a standard patent (O) application within three years after its date of filing or the earliest date of priority claimed (if applicable), or else the application will be regarded as being withdrawn.
When conducting substantive examination, the Registrar examines whether the application complies with the examination requirements, which in particular include the patentability of the underlying invention of the application, i.e. whether the invention is new, involves an inventive step and is industrially applicable.
The entire examination process of a standard patent (O) application from filing to grant is normally expected to take at least 2 to 3 years. However, the overall examination time frame can be substantially shortened if the applicant elects to file a request for early publication of the application as soon as practicable and responds promptly to examiner’s actions.
The grant of a standard patent (R) in Hong Kong is based upon the prior grant of a corresponding patent by any one of three designated patent offices.
These are:
An application for a standard patent (R) 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 applicant for a standard patent (R) in Hong Kong shall enjoy the same right of priority as is enjoyed in respect of the designated patent application on which the applicant’s standard patent (R) application in Hong Kong is based.
There are two stages in the application process:
The first stage is to file with the Patents Registry, Intellectual Property Department of the Government of the Hong Kong SAR a Request to Record the patent application that has been filed in one of the three designated patent offices.
The Request to Record must be filed within six months of the publication of the application in one of the three designated patent offices. This application for Request to Record would then undergo formality examination. Where all supporting information and documents are in order, the application will be published in Hong Kong.
The second stage is to file with the Patents Registry, Intellectual Property Department of the Government of the Hong Kong SAR a Request for Registration and Grant. This must be filed within six months of:
whichever is later.
This application for Request for Registration and Grant will then undergo formality examination.
It normally takes about three months after the filing of an application for a Request for Registration and Grant for the Registrar of Patents to register and grant a standard patent (R) provided that all information and documents in support of the application meet the prescribed requirements for grant. The Registrar will publish the details of each granted patent and advertise the grant in the Hong Kong Intellectual Property Journal.
For more information about applying for a standard patent in Hong Kong, visit the Intellectual Property Department of the Government of the Hong Kong SAR.