Short-term Patent

Short-term patents are available for inventions, either products or processes. The short-term patent application can be filed in the following two ways: 

1. Directly filed in Hong Kong. The patent application should be filed in Hong Kong within 12 months of filing the first application or within 6 months of the disclosure.

2. Filed Based on (PCT) International application designating China. The patent application can be filed within 6 months after the international application has entered its national phase in China, or within 6 months after the State Intellectual Property Office, People's Republic of China issues a national application notification.

Documents required:

1.Applicant’s name and address.
   * If the applicant is a Japanese or Korean company, the transliteration of the applicant’s Japanese or Korean name in Roman Letter is required, such as XXX KABUSHIKI KAISHA, XXX JOOSIKHOISA.
2. Inventor’s name and address. 
    * If the applicant is not the inventor, their entitlement to the short-term patent is required, e.g. by assignment.
3. The title of invention
4. An abstract in both English and Chinese
  * If necessary, we could provide the Chinese translation abstract
5. A specification
6. A search report from one of the following searching authorities
   - An international searching authority under Article 16 of the Patent Co-operation Treaty
   - The State Intellectual Property Office, China
   - The European Patent Office
   - The United Kingdom Patent Office
    * If necessary, we could obtain the search report from the State Intellectual Property Office, China.
7. If the invention has been disclosed, a non-prejudicial disclosure should be claimed and a statement and written evidence to support the claim is required.
8. If a priority right is claimed, a certified copy of priority document is required.

Term of a short-term patent registration

The term of a short-term patent is 8 years from the date of filing in Hong Kong. 

Renewal fee

A “renewal fee” should be paid before the expiry of the forth year and can be renewed for a further four years.

The renewal fee could be paid within three months ending with the expiry of that 4th year and the grace period for paying the renewal and the late payment fees is six months after it is expired .

# The short-term patents are under formal examination only.  When the patent rights to be enforced in civil proceedings, it is required to prove the patentability of the patent by the owner.

Should you have any question or enquires, or we can be of any assistance, please do not hesitate to contact us by email to mail@wisely-mansion.com.hk. 

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Short-term patent in Hong Kong / Hong Kong short-term patent
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Important:

The information provided on this website is for your reference only, which does not represent legal advice and we will not be taken any responsiblity.