Patents protect technical innovations.

A patent gives the exclusive right to the inventor of an invention or its subsequent owner to make, use or put the invention on the market.

An invention which is new, involves an inventive step and is capable of being industrially applied can be patented. Generally speaking, if any invention is disclosed to the public prior to the application of patent registration, the inventor will not be given any exclusive rights. The patent system encourages new technology by granting the inventor a patent which gives him the exclusive right to exploit the invention for a set term. In exchange, the inventor is required to make the invention public.

The patent registration system of Hong Kong provides territorial protection. Hence, patents registered with the China National Intellectual Property Administration or patents registries of other countries or regions do not automatically receive protection in Hong Kong.

The term of protection under standard patents can be up to 20 years subject to a timely renewal for every year beyond the 3rd year.

To seek protection under standard patents, an applicant may file an application for either one of the following:

Standard patent (Original grant)Applicants can file a standard patent (original grant) application directly to the Hong Kong SAR Patents Registry (substantive examination by the Patents Registry which determines the patentability of the underlying invention is required).

OR

Standard patent (Re-registration)

Applicants need to file their patent application to the China National Intellectual Property Administration, European Patent Office or United Kingdom Intellectual Property Office first before filing a standard patent (re-registration) application to the Hong Kong SAR Patents Registry (time limit for filing is within 6 months after the aforesaid patent office outside Hong Kong SAR publishes their patent application; no substantive examination by the Hong Kong SAR Patents Registry is required).

The term of protection under short-term patents can be up to 8 years subject to a timely renewal before the expiry of the 4th year.

Despite its shorter maximum term of protection, a short-term patent provides a more convenient way to obtain patent protection which is suitable for inventions with a short commercial viability.

To seek protection under short-term patents, applicants can file a short-term patent application directly to the Hong Kong SAR Patents Registry (no substantive examination is required).