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Written by: Chen Jiahui
2019-12-11 15:46
Last updated: 2019-12-11 15:46The new patent system will be implemented on December 19 and will introduce "original patents". Applicants can apply for patents with standard guarantees directly in Hong Kong. It is no longer necessary to submit applications in other designated patent offices in advance.
Some local start-up technology companies believe that the original patent application fee in Hong Kong is lower, and the company can obtain a patent priority period, and consider how to expand the foreign market within one year, and then apply for patents in related countries.
The patent system protects patent inventors from being misappropriated by others. There are two main ways to apply for patents in Hong Kong, including standard patents and short-term patents. If you want to apply for a standard patent with more comprehensive protection and a protection period of up to 20 years, you must first submit an application at the domestic, British or European patent authorities before you can register in Hong Kong. Although short-term patents can be filed directly in Hong Kong, the longest protection period is only eight years and only one right is provided.
Different patents that can be granted in Hong Kong. ﹙Intellectual Property Department Brochure﹚
Original patent granted in Hong Kong without prior application overseas
After years of consultation, the new patent system will be implemented on the 19th of this year. The new system will retain and improve the original two application channels and introduce the "original patent" system. Applicants can directly submit standard patent applications in Hong Kong, eliminating the need to apply overseas in advance.
The Assistant Director (Patents and Designs) of the Intellectual Property Department, Zeng Zhishen, said that the new system will provide enterprises with one more application channel for SMEs and start-ups who want to develop the local market, and apply for patents directly in Hong Kong. system. For enterprises wishing to explore overseas markets, Zeng Zhishen pointed out that although the Hong Kong Government and other regions do not yet have a patent mutual recognition mechanism, the application date can be used as the referral date for patents in other places after the original patent application is submitted by the enterprise in Hong Kong.
The new system is expected to attract 100 to 200 applications per year
He went on to point out that in the past, the method of applying for a patent through overseas applications and re-registration in Hong Kong generally took more than 10-200 months, with a median approval time of 46 months, or about four years. Time will be shortened to three years. At present, there are about 16,000 standard patent applications and 800 short-term patent applications in Hong Kong each year, of which there are more than 300 and 500 local applications respectively. Zeng Zhishen expects that many local enterprises that originally intended to apply for short-term patents will switch to original patents with longer protection periods, which is expected to attract 100 to 200 applications each year.
In the future, all applications for original standard patents will be subject to formal examination by the patent registry, that is, examination of required information and certification documents, and the substance of an invention's novelty, creativity, and industrial application. Review.
Zeng Zhishen pointed out that in the past, the Department had only conducted formal examination of patent applications, and had no experience in substantive examination. It had previously exchanged views with foreign patent authorities on relevant examination systems and guidelines, and hired talents with local practice experience Patent Examiner; In the initial implementation of the new system, technical and search support will be provided by the State Intellectual Property Office.
Startups: Hong Kong charges lower to help patent priority
"Beiling Technology" specializes in sleep monitoring rings, with more than 20 patents. Person in charge Liang Lihui said that the company is a start-up company, and intellectual property rights are the greatest value. Applying for patent protection will help the company's healthy development. She pointed out that in the past, companies generally applied for patents in other places, ranging from 40,000 to 100,000 Hong Kong dollars. For example, in the United States, the application fee alone required 20,000 Hong Kong dollars, plus 40,000 to 60,000 lawyer and intermediary fees. All need to apply one by one, which costs a lot.
Liang Lihui believes that although other fees such as lawyers in the two places are almost the same, the patent application fee in Hong Kong is only over 4,000 yuan, which is very attractive in comparison. She expected that for her company's technology, it would take two to three years to apply for a patent in Hong Kong or overseas. She also pointed out that the advantage of applying for an original patent in Hong Kong is that the company can obtain a patent priority date (priority date) at a lower cost, and then consider how to expand foreign markets and apply for patents in relevant countries within a year.
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