A) Standard patents with a protection period of 20 years;

B) Short-term patents with a protection period of 4 years, which can be renewed once for a total of 8 years;

C) Design, the protection period is 5 years, which can be extended for 4 times, totaling 25 years.

Standard patent

In Hong Kong, standard patents are registered and designated as national patents. During the transition period, the designated patent offices are China Patent Office, British Patent Office and European Patent Office. China's application for a patent for invention is eligible for the Hongkong standard patent right. The registration procedure of standard patent is divided into two stages:

(a) the first registration procedure

The first registration is the registration request of the designated patent application. An applicant applying for a patent in China, Britain or Europe (designated Britain) shall file a registration request (i.e. applying for a standard patent) with the Hong Kong Intellectual Property Department at any time within 6 months from the date of announcement. The application for registration shall include the following documents:

A) a copy of the public text

B) Record request (applicant's information: name, address, telephone number, fax number, etc. (Chinese and English)

C) If the applicant is inconsistent with the published text, it shall provide the supporting documents for applying for the transfer of rights;

D) When submitting the filing request, the application fee and publicity fee (published in the government gazette) shall be paid at the same time;

(2) the second registration procedure

The second registration is to request the registration of a designated patent application, and to grant a standard patent for the invention in the designated patent specification. The request for registration and authorization must be made within 6 months after the designated patent application is granted the patent right by the designated patent office, or within 6 months from the date when the request for the designated patent record is made public in Hong Kong, whichever is the latter. The application for registration and authorization shall include the following documents:

A) A copy of the patent specification (including specification, claims and drawings) verified by the designated patent office;

B) registration request;

C) If the person requesting registration and authorization is not the standard patent applicant registered in the register, the requester shall provide legal information.

Declaration of the right to apply and supporting documents;

D) If priority is required in the registration and authorization request, a copy of the priority document shall be provided;

E) When submitting the registration request, the registration fee and publicity fee shall be paid.

In the above-mentioned documents, the names of inventors and applicants shall be transliterated in Roman letters, the titles and abstracts of inventions shall be provided in Chinese and English, and other documents shall be provided in Chinese or English. If the original is not in Chinese or English, a translation should be provided.

After passing the formal examination, the Patent Registry of Hong Kong Intellectual Property Department will grant registration and grant Hong Kong standard patents, publish an authorization announcement in the Hong Kong Government Gazette, and send a patent certificate to the patentee.

The validity period of Hong Kong standard patent is 20 years, counting from the date of application of the designated patent office, but the effective date must be counted from the date when the authorization announcement is published in the Hong Kong Government Gazette.

Once approved, the Hong Kong standard patent is independent and is not affected by the change of the legal status of the original designated patent.

China's invention application 1997 published after June 27th can apply for Hong Kong standard patent.

Short-term patent

Anyone can apply for a short-term patent directly to the Patent Registry of the Intellectual Property Department of the Hong Kong Special Administrative Region, either alone or jointly with others.

Any product invention and method invention can apply for a short-term patent in Hong Kong. The Intellectual Property Department of Hong Kong only conducts formal examination of short-term patents, not substantive examination. As long as the form meets the requirements, patents can be granted and announced in Hong Kong.

Documents to be submitted:

A) Application documents (including specifications, claims, drawings and abstracts);

B) short-term patent request;

C) international search report;

D) The application fee and publicity fee shall be paid at the time of application.

appearance design

In Hong Kong, designs are protected by separate laws. The Intellectual Property Department of Hong Kong accepts the application for design registration, conducts formal examination and publishes it after approval. The validity period is 5 years, and it can be renewed for 4 times, each time for 5 years, and the total protection period can reach 25 years.

Designs must be applied to industrial products, and an application can include multiple designs. Registered designs enjoy copyright protection for 25 years from the first sale and use, while registered but unregistered designs can only enjoy copyright protection for 15 years.

Documents to be submitted:

A) application for appearance registration;

B) Design drawings (drawings or photos); Its size-drawings shall not exceed 2 10×297mm, and photos shall not exceed160×160; The surrounding space is not less than 30mm.

C) novelty statement;

D) For graphic design or textile design, samples can be provided in addition to drawings, but they should be placed in separate envelopes or packages, with a length of not more than 30cm and a weight of not more than 4kg.

E) Pay the application fee and publicity fee when applying;

F) Any person claiming priority shall submit a certified certificate of priority within three months after the date of application in Hong Kong. If the certificate is written in a language other than Chinese or English, a verified Chinese or English translation shall be attached.

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Hong Kong Standard Patent Application and Short-term Patent Application Based on PCT International Application Since the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty are also applicable to Hong Kong, an international patent application based on PCT can obtain standard patent or short-term patent protection in Hong Kong by designating China.

(1) The standard patent application based on PCT application is divided into two stages.

Time limit for filing a request: if the application is published internationally by the International Bureau in Chinese, it shall be within 6 months from the date of issuing the notice of China's national application number; If the international bureau of the application is published internationally in other languages, it shall be within 6 months from the date of publication of the application by the Chinese Patent Office.

Information provided: a verified copy of the international application published by the International Bureau, or a verified copy of any translation of the international application published by the China Patent Office; A copy of the notice of the national application number of China Patent Office;

Time limit for requesting approval and registration: within 6 months from the date of the announcement of authorization issued by China Patent Office; Or within 6 months from the date of publication of the record request of the Intellectual Property Department of Hong Kong, whichever is the latter;

(2) Short-term patent applications based on international applications. International Patent Where a utility model patent is sought and China is designated, the international applicant can obtain a short-term patent in Hongkong when applying for entering the national phase of China;

Time limit for filing an application: at any time when an international application enters the national phase of China, within 6 months from the date of issuing the notification of China's national application number;

Information provided: a copy of the notice of national application number of China Patent Office; A copy of the international application published by the International Bureau; A copy of the international search report; Translation of international application published by China Patent Office.

If the applicant applying for a patent in Hong Kong changes, a notarized certificate of transfer (which can be made by the original designated bureau or notary office) is required; And shall be paid within three months after the application is submitted:

After the registration certificate is issued, if there is any transfer, license or ownership change, it must be registered with the Intellectual Property Department of Hong Kong, otherwise the rights and interests of all people will be affected.

After approval, the annual maintenance fee for the patent right shall be paid.

Standard patent-pay the renewal fee within 3 months before the expiration of the third year from the date of approval, and then pay the renewal fee before the expiration of each year;

Short-term patent-after being approved, the renewal fee shall be paid within 3 months before the expiration of the fourth year from the date of application, and it may remain valid for another 4 years;

Design-the first validity period after registration is 5 years from the date of application, and the validity period can be extended by paying the renewal fee before the expiration of the validity period.