About Patents
1. What is a patent?
A patent is a new technical solution for a product, process, or improvement thereof, or a technical solution for a product's shape, structure, or combination thereof. Innovative and creative products or inventions, as long as they are industrially applicable and do not fall into exclusionary categories, can be registered for patents in Hong Kong. After applying for a patent, the patent applicant enjoys exclusive rights to the invention for a specified period of time. For example, the patent applicant has the legal right to prohibit others from making, using, selling, or importing the patented invention, thereby protecting the invention.
2. What are the benefits of applying for a patent?
1. Patenting can serve as a defensive shield for your invention:
After applying for a patent in Hong Kong, the patent certificate is the best evidence of the applicant's exclusive rights to the invention. Conversely, if someone fails to obtain a patent for their invention promptly, a competitor may be able to obtain a patent first, preventing you from using the fruits of your years of hard work.
2. Patenting allows you to legally incorporate patent protection:
Once your patent application is approved, the licensee can legally add "HK Patent No." to the product or packaging.
3. Patenting can earn you licensing fees:
If you have an invention, even if there's no immediate market demand, you might consider applying for a patent. Owning patents that are useful in your industry can generate licensing income. Furthermore, owning a patent gives you greater negotiating power with other patent owners, allowing you to further enhance your product by incorporating their new technology under mutually agreed terms.
4. Patenting increases buyer confidence:
Showing a patent certificate increases buyer confidence in the patented product.
3. What should I consider before applying for a patent in Hong Kong?
The following factors should be considered before applying for a patent:
1. Patents do not protect the appearance of a product:
Patent applicants should note that patents do not protect the appearance, shape, or visual characteristics of a product. If a company wishes to protect the appearance of its products, it must apply for a registered design and exploit copyright.
2. The invention for which a patent is sought must be inventive and novel:
For a company or applicant to make a valid patent application, the product invention must possess inventiveness and novelty.
3. The new invention must be kept confidential before applying for a patent:
For a company to make a valid patent application, the product invention must be kept confidential. If a company wishes to disclose information about the new invention to an outsider, such as a processing plant, it must sign a confidentiality agreement with the outsider. If a new product or invention already exists in Hong Kong or other countries or is prepared for disclosure, publication, or public disclosure before the patent application, the product or invention has lost its novelty.
4. The invention being patented must be capable of industrial mass production:
To ensure a valid patent, the product must be suitable for industrial mass production.
4. What types of patents can be applied for in Hong Kong?
There are two types of patent applications in Hong Kong:
1. Standard Patent
2. Short-term Patent
Both types of patents can protect new technological inventions, product features, new product structures, or improved production methods. A standard patent is valid for up to 20 years and must be renewed annually after the third year. A short-term patent, on the other hand, is valid for eight years and must be renewed once after the fourth year.
5. Are patents filed in other countries valid in Hong Kong?
If you want your patent to be legally protected in Hong Kong, you must file a patent application in Hong Kong. Hong Kong does not automatically grant protection to patents filed elsewhere in the world or in China. To be protected in Hong Kong, a patent must be registered under the Patents Ordinance (Cap. 514) and the Patents (General) Rules (Cap. 514C).
6. Apply for a standard patent
To apply for a standard patent in Hong Kong, you must first file a patent application with the China National Patent Office, the UK Patent Office, or the European Patent Office (designated UK Patent Office). The success of that application will determine whether you can successfully apply in Hong Kong. These three patent offices are called "designated patent offices."
7. Apply for a short-term patent
To apply for a short-term patent, you need to apply for a search report from one of the international search authorities or one of the designated patent offices and obtain the grant of a short-term patent based on this report.
8. Language
You can file your patent application in either Chinese or English in Hong Kong. However, if the patent application is to be filed in mainland China, the patent application must be filed in Chinese.