Patent law in Hong Kong

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The patent law in Hong Kong is based on the Hong Kong Patents Ordinance of 27 June 1997, as last amended on 22 February 2008.[1] The Hong Kong patent system is independent from the patent system in the People's Republic of China (PRC), in that a "patent granted for Hong Kong SAR takes effect in Hong Kong only and does not provide for protection in the People's Republic of China (PRC)".[1]

Two types of patents for inventions are available in Hong Kong, the so-called "standard patent" and the "short-term patent":[2]

  • A standard patent in Hong Kong can be based on a European patent application designating to United Kingdom, or a patent application in the PRC or the United Kingdom (UK).[1][3] The standard patent is independent from the original foreign patent (i.e., from the Chinese patent, the European patent, or the UK patent).[2]
  • Short-term patents are also available. Such patents have a maximum term of eight years from the filing date.[1][2] The short-term patents are subject to a formality examination only, not to a substantive examination on the patentability of the invention.[2]

See also

References

  1. 1.0 1.1 1.2 1.3 European Patent Office (EPO) web site, Patent protection in Hong Kong Special Administration Region, Information from the European Patent Office, 3 November 2009. Consulted on November 12, 2009.
  2. 2.0 2.1 2.2 2.3 Lua error in package.lua at line 80: module 'strict' not found.
  3. Lua error in package.lua at line 80: module 'strict' not found.

External links


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