Patent Matters in Hong Kong

Meanwhile, MokPoon provides assistances on patent recordation in Hong Kong as well, including standard patent and short-term patent.  

■Standard Patent 

You need to file a request to record in Hong Kong, China within six months after the publication of the designated patent application in the designated patent office. 

1.Required documents and information for standard patent application - first stage

    ◆a request to record on Patents Form P4; 

    ◆a copy of the published designated patent application; 

    ◆the title of the invention in both English and Chinese; 

    ◆an abstract in both English and Chinese; 

    ◆applicant's name and address; 

    ◆if you are not the applicant named in the designated patent application, a statement explaining your right to apply and supporting documents (for example a copy of an assignment); 

    ◆if the inventor is not named in the designated patent application, a statement identifying the person you believe is the inventor; 

    ◆If you claimed priority, you need to state the name of the country or territory where the priority application was filed, the priority application number and the priority application filing date; 

    ◆If you claimed non-prejudicial disclosure, you need to state the name and place of the prescribed exhibition or meeting at which the invention was disclosed, the opening date of the exhibition or meeting, and the date of first disclosure; 

    ◆an address for service in Hong Kong, China; 

    ◆translations of information and documents as required. 

You need to file a request for registration and grant in Hong Kong, China at the latest within six months after publication of the request to record in Hong Kong, China, or the grant of the designated patent by the designated patent office. 

2.Required documents and information for standard patent application - second stage

    ◆a request for registration and grant on Patents Form P5; 

    ◆a copy of the published specification of the designated patent (you need to confirm that it is a true copy of the document issued by or kept at the relevant designated patent office); 

    ◆the title of invention in both English and Chinese; 

    ◆if you are not the applicant named in the standard patent application, a statement explaining your right to apply and supporting documents which establish your right (for example a copy of an assignment); 

    ◆an address for service in Hong Kong, China; 

    ◆translations of information and documents as required

■Short-Term Patent 

Required documents and information for short-term patent application 

    ◆a request for grant on Patents Form P6; 

    ◆a specification (section 113(1)(b), Patents Ordinance and sections 58(2), 59, 60 and 64, Patents (General) Rules); 

    ◆an abstract in both English and Chinese (section 61, Patents (General) Rules); 

    ◆the title of invention in both English and Chinese; 

    ◆applicant's name and address; 

    ◆inventor's name and address; 

    ◆a search report (see the paragraph below); 

    ◆if you are not the inventor, a statement on Patents Form P6A indicating your entitlement to the short-term patent; 

    ◆if priority is claimed, a statement of priority and priority documents (section 69, Patents (General) Rules); 

    ◆if non-prejudicial disclosure is claimed, a statement and written evidence to support the claim (sections 58 and 70, Patents (General) Rules); 

    ◆an address for service in Hong Kong, China; 

    ◆translations of information and documents as required. 

To support an application for a short-term patent you need to file a search report from one of the following searching authorities 

    ◆an international searching authority under Article 16, Patent Co-operation Treaty; 

    ◆the State Intellectual Property Office, People's Republic of China; 

    ◆the European Patent Office; 

    ◆the United Kingdom Patent Office.


Patent Matters in Hong Kong