New Hong Kong Patent System

HONGKONGUPDATE

Until recently, a patent could only be obtained in Hong Kong if it was based on the registration of a patent granted in any one of China, Europe and the United Kingdom. This re-registration process occurred in two stages:

1. A request to record an application filed in one of the three jurisdictions above; and

2. A request to register and grant the Hong Kong application based on the granted patent issued in the jurisdiction recorded in stage 1.

As of 19 December 2019, Hong Kong introduced an “original grant patent” (OGP) system. This OGP system will provide applicants a direct filing route for a standard patent in Hong Kong. The OGP system is being offered concurrently with the pre-existing re-registration system. The OGP system will now allow our clients to file patents in Hong Kong through both the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT).

In addition to the OGP system, the Hong Kong Intellectual Property Department (HKIPD) has introduced a new substantive examination procedure. This new OGP system and substantive examination brings the HK patent system into conformity with the patent offices of many developed countries.

We expect this exciting change will make it much easier for our clients to file for patents in Hong Kong as they will no longer be required to gain granted rights in China, Europe or the UK simply to secure rights in Hong Kong.

In summary:

    • An original grant patent system has been introduced to provide patent applicants with an option to file a standard patent application directly in Hong Kong or by re-registration of a Chinese, UK or European granted patent.
    • Hong Kong will accept patent applications without earlier patent applications in China, Europe, or the United Kingdom

If you have any questions about filing requirements for patents in Hong Kong, please do not hesitate to get in touch [email protected].

Jeremy Moller

Jeremy Moller, Senior Associate

 



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