Patent law in Hong Kong

Updated on Dec 26, 2024

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The patent law in Hong Kong is based on the Hong Kong Patents Ordinance of 27 June 1997, as last amended on 22 February 2008. The Hong Kong patent system is independent from the patent system in the People's Republic of China (PRC), in that a "patent granted for Hong Kong SAR takes effect in Hong Kong only and does not provide for protection in the People's Republic of China (PRC)".

Two types of patents for inventions are available in Hong Kong, the so-called "standard patent" and the "short-term patent":

A standard patent in Hong Kong can be based on a European patent application designating to United Kingdom, or a patent application in the PRC or the United Kingdom (UK). The standard patent is independent from the original foreign patent (i.e., from the Chinese patent, the European patent, or the UK patent).

Short-term patents are also available. Such patents have a maximum term of eight years from the filing date. The short-term patents are subject to a formality examination only, not to a substantive examination on the patentability of the invention.

References

Patent law in Hong Kong Wikipedia

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