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Hong Kong patent application.

I. Types of Standard Patents in Hong Kong:

Recordation Standard Patent, Re-registration Standard Patent.

As patent applications currently filed in Hong Kong mainly consist of re-registration standard patents and short-term patents, the following will introduce the relevant content for re-registration standard patent applications.

II. What is a Re-registration Standard Patent:

It refers to a patent registered in Hong Kong based on a patent applied for or granted by one of the following designated patent authorities:

A. China National Intellectual Property Administration
B. European Patent Office (for patents designating the United Kingdom)
C. United Kingdom Intellectual Property Office.

It is important to emphasize here that patents granted in the above three countries or regions do not automatically receive patent protection in Hong Kong.

III. Re-registration Standard Patent Application Materials and Process:

The application process for a re-registration standard patent is divided into two stages: 'Filing a Request to Record the Designated Patent Application' and 'Submitting a Request for Registration and Grant in Hong Kong.'

Stage One: Filing a Request to Record the Designated Patent Application

Within 6 months after the publication of the designated patent application (i.e., the invention patent application filed in the aforementioned three countries or regions), the applicant should submit a request to record to the Hong Kong Intellectual Property Department (HKIPD). At this stage, the applicant needs to submit the following materials:

A. A form for the request to record;
B. A copy of the published designated patent application;
C. Chinese and English versions of the invention title and abstract;
D. Names or titles and addresses of the inventor(s) and applicant(s);
E. Priority information (if priority is claimed);
F. Specific information of the PCT application (if applicable).

Stage Two: Submitting a Request for Registration and Grant in Hong Kong

The applicant must, within 6 months from the date HKIPD publishes the request to record or from the date the designated patent is granted by the designated patent authority (whichever is later), submit a request for registration and grant to HKIPD. At this stage, the applicant needs to submit the following materials:

A. A form for the request for registration and grant;
B. A copy of the specification of the granted designated patent as published;
C. Chinese and English names of the invention.

IV. Annual Fees for Re-registration Standard Patents need to be paid starting from the 4th year from the filing date of the designated patent.


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