Patent

Hong Kong

BASIC FACTS

Patent Protected
Product Patent and Process Patent
Patentable Inventions as per Patent Act
"An invention is patentable if it is susceptible of industrial application, is new and involves an inventive step. (a) an application for a patent for that invention has been filed in and published by a designated patent office (and in this Ordinance a pa
Inventions not Patentable
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Non-Convention Application
No
Convention Application
No
PCT National Phase Application
No
Divisional Application
No
Patent of Addition
No
Patent of Importation (Patent of Introduction)
Yes, based on the Application in CN, GB, EP (designating GB)
Others
N/A
Utility Model Protection is provided under Patent
Yes
Type of Application
Based on the Chinese Utility Model Application
Time Period
N/A
Extended Deadline
N/A
Patent of Invention
20 Years
Utility Model Patent
8 Years
Design Patent
N/A
Extension of Foreign Patent
Based on the Application in CN, GB, EP (designating GB)
Exceptions (e.g. Pharmaceutical Patents)
N/A

PROSECUTION

Basic Number of Pages
N/A
Basic Number of Claims
N/A
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
N/A
Types of Claims
Omnibus
Invention Specification
N/A
Language of Specification
Chinese or English
Translation required
Yes
Due date to file the translation
Abstract only, on Filing Date
Power of Attorney (In case of individual applicant, copy of passport is required)
No
Deed of Assignment
Signed
Priority Document, with required translation
Certified
Incorporation Certificate, with required translation
No
Home / Foreign Registration Certificate, with required translation
No
International Search Report (ISR), in case of PCT
No
International Preliminary Examination Report (IPEA), in case of PCT
No
Declaration of Ownership
No
Declaration of Nationality
No
Copy of Inventor's Passport
Yes
Other Documents
No
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
2-3 Months
Deadline to File the Reply
2 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
N/A
Applicability of Examination
N/A
Time of Examination
N/A
Time Frame from the Date of Application
N/A
Deadline to File the Reply
N/A
Permissible Extension to File the Reply
N/A
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Examination
N/A
Time of Examination
N/A
Time Frame from the Date of Application
N/A
Deadline to File the Reply
N/A
Permissible Extension to File the Reply
N/A
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
3 Months
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
4-6 Months

OPPOSITION

Applicability of Opposition
N/A