HONG KONG SERVICE:
Trademark
Patent for Invention
Utility Model
Design
Copyright
Others
Trademarks:
Summary:
Protection Term: 10 years from filing date.
Time from filing to registration: 10 months.
Renewal duration: 10 years.
Classification of Goods/ Services: International Classification.
Filing Requirements:
1-Prints of the mark for each application.
2-The list of the goods and/or services and the classes.
3-Name, Nationality and Address of Applicant.
Search Requirements:
1-Photocopy of the trademark.
2-The list of the goods and/ or services to be covered by the trademark.
Renewal Requirements:
1-A copy of trademark registration certificate
Assignment Requirements:
1-Assignment contract to be signed by both parties
Change of Name/Address Requirements:
1-Official document certifying change of name/address, such as certificate of incorporation.
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Patent for Invention:
Patents are valid 20 years as from the application date. A Hong Kong standard patent is granted by a two-stage procedure and is based on an earlier filed designated patent application. Such a designated patent application is one filed in the UK Patent Office, the Chinese Patent Office or the European Patent Office designating the UK (designated patent offices).
The first stage is to file a request to record a designated patent application and this must be done within 6 months of the publication date of the designated patent application. There is no provision for any extension of time although the request can be filed on a minimum requirements basis provided that it contains information identifying the applicant, the application number, publication number and publication date of the designated patent application. The supporting document which can be filed later comprises only a copy of the published designated patent application.
The second stage is to file a request for registration and grant and this must be done within 6 months of the grant date of the designated patent or publication of the request to record, whichever is the later. Again, there is no provision for any extension of time although the request can be filed on a minimum requirements basis provided that it contains information identifying the applicant, the publication number of the designated patent, its grant date and the publication number assigned to the request to record. The supporting document which can be filed later comprises a verified copy of the granted patent specification of the designated patent issued by the designated Patent Office. (A photocopy of a document is treated as a verified copy if a person filing it confirms to the Registrar that it is a true copy of a document issued by or kept at the designated patent office).
Filling Requirements for a National Application:
1-Copy of designated patent application as published including abstract, description, claims, drawings and search report.
2-If application does not contain name of inventor, statement identifying person/persons whom applicant believes to be inventor/inventors.
3-Name and address of the applicant.
4-If the applicant is not the same as in designated application, statement explaining entitlement to apply for such grant with supporting prescribed documents.
5-If priority is claimed, details of date of priority claimed and country filed.
6-If claim is made for non-prejudicial disclosure, details of name, place and opening date of such exhibition and meeting, as well as date of first disclosure.
7-Chinese and English titles of invention and abstracts.
Filling Requirements for a PCT National Phase Application:
1-Copy of PCT application as published by International Bureau.
2-Copy of translation of PCT application published by designated patent office.
3-Copy of publication indicating PCT application has validly entered into national phase by designated patent office.
4-Chinese and English titles of invention and abstracts.
Documents to request registration and grant of standard patent
1-A copy of the granted specification of designated patent, including description, claims and drawings together with a statement confirming that it is a true copy of the document issued by or kept at the relevant designated patent office.
2-Where the person filing request is other than the person named in register as applicant for standard patent, statement explaining first mentioned person's entitlement to apply for such grant with supporting prescribed documents.
3-Where request to record contains statement to effect that priority is claimed, applicant may be required to submit copies of priority application.
4-Chinese and English titles of invention.
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Utility Model:
A short-term patent application can be filed directly in the Hong Kong Patents Registry. The specification should contain one or more claims but not exceeding one independent claim. The novelty requirements are absolute and although there is no substantive examination, it is necessary to submit a search report carried out by a prescribed searching authority. This can be submitted up to 11 months after the application is filed.
A short-term patent is granted after passing a formalities examination only. The maximum term is 8 years subject to the payment of a renewal fee after 4 years from the filing date. The patent certificate can usually issue within 3 – 4 months from the filing date, providing that all the application documents are submitted at the time of filing the application.
Filling Requirements for a National Application:
1-Specification including (a) description of invention to which application relates; (b) one/more claims but not exceeding one independent claim and (c) any drawings referred to in description/claims.
2-Title and abstract, in both English and Chinese.
3-Original Search report in relation to invention (issued by established searching authority).
4-Name and address of the applicant and inventor.
5-Where the applicant is not the sole inventor, statement indicating derivation of entitlement to exercise right to short-term patent.
6-If priority is claimed, statement of priority and a copy of previous application.
Filling Requirements for a PCT National Phase Application:
1-Copy of international search report for PCT application.
2-Date of entry of PCT application into national phase in China.
3-Copy of translation of PCT application (if any) published by Chinese Patent Office.
4-Copy of information published by Chinese Patent Office concerning PCT applications.
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Design:
For more information, please contact us.
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Copyright:
For more information, please contact us.
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Others & Note:
Regarding other IP affairs in Hong Kong such as: Domain Name, Anti-Counterfeit, Legal Service, IP Watch Service, IP search, IP Portfolio Management, Please contact us.
Note:For schedule of charges and required documents (such as Power of Attorney, Deed of Assignment, etc.), Please contact us by email or online service.
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