Hong Kong—patenting an invention
Produced in partnership with Hans Lee, You Yi International Intellectual Property Services Limited.
Hong Kong—patenting an invention

The following IP practice note produced in partnership with Hans Lee, You Yi International Intellectual Property Services Limited. provides comprehensive and up to date legal information covering:

  • Hong Kong—patenting an invention
  • Legislation
  • Basic requirements
  • Novelty
  • Inventive step
  • Industrial application
  • Specific exclusions to patentability
  • Co-existence of standard and short-term patents
  • Term and renewal
  • Maintenance, renewal and term
  • More...

Hong Kong—patenting an invention

This Practice Note was originally written for LexisAdvance® Practical Guidance Hong Kong.

Hong Kong is a special administration region of the People’s Republic of China (Mainland China). Under the one-country two-system regime, Hong Kong has its own patent laws and a system of patents which is separated from that of Mainland China.

The Intellectual Property Department (IPD) of the Hong Kong government is responsible for the administration of application, registration and maintenance of patents.

There are two types of patents in Hong Kong, namely:

  1. standard patents, and

  2. short-term patents

The Paris Convention and the Patent Co-operation Treaty (PCT) are effective in Hong Kong due to the membership of Mainland China. The agreement on Trade-Related Aspects of Intellectual Property (TRIPS) has been implemented in Hong Kong due to the World Trade Organisation membership of Hong Kong.

A short-term patent application can be a priority founding patent application under the Paris Convention or TRIPS but not a standard patent application.

Patents can be in the Chinese language or in English.

Legislation

The principal legislation is the Patents Ordinance (Cap 514) (PO) and the Patents (General) Rules (Cap 514C) is the subsidiary regulation.

PO came into effect on 27 June 1997 and makes substantial references to the Patents Act 1977 of the UK and the relevant UK authorities are persuasive authorities.

Matters relating to the infringement of patents are under the exclusive jurisdiction of

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