To obtain a standard patent, a patent application (called ˇ§designated patent applicationˇ¨) must first be filed at either one of the following designated Patent Offices :
the State Intellectual Property Office, People's Republic of China
the European Patent Office
the United Kingdom Patent Office
There are two stage applications must be filed with the Hong Kong Patents Registry:
a request to record (stage 1) within six months after the publication of the designated patent application in the designated patent office.
a request for registration and grant (stage 2)within six months after publication of the request to record in Hong Kong, or the grant of the designated patent by the designated patent office, whichever is the latest.
Required Information and Documents
Applicantˇ¦s name and address;
The title of the invention in both English and Chinese;
An abstract in both English and Chinese;
A copy of the published designated patent application;
If the applicant is not the same applicant as named in the designated patent application, a statement explaining the applicantˇ¦s right to apply (for example a copy of an assignment) is required;
If non-prejudicial disclosure is claimed, 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 are required;
No form such as Power of Attorney etc. is required to be signed by the applicant.
Maintaining a Standard Patent application
Maintenance fee must be paid while the designated patent application is pending and the said fee is payable annually after the expiry of the 5th year from the anniversary of the deemed filing date (same as the filing date of the designated patent application) first occurring after the date of publishing the request to record (Stage 1).
Maintaining a Standard Patent
Renewal fee must be paid annually after the expiry of the 3rd year from the anniversary of the deemed filing date (same as the filing date of the designated patent application) first occurring after the date of publishing the request for registration and grant (Stage 2).