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Hong Kong operates under a patent system that provides legal protection for inventions in various fields of technology. The area of Kowloon, like the rest of Hong Kong, abides by this system. Patents are issued by the Hong Kong Patents Registry under the Intellectual Property Department. The patent system of Hong Kong is aligned with international patent norms and standards, providing comprehensive protection for intellectual property rights of innovators and inventors.
Patent law can be complex and the application process for a patent can be lengthy and detailed. You may need a lawyer to ensure that your invention is new and original, to conduct thorough patent searches, to draft and file patent applications, to respond to objections or rejections from the patent examiner, and to enforce patent rights if they are infringed. Lawyers can also offer advice and guidance on the commercialization of a patented invention, including licensing and selling patent rights.
Hong Kong follows two types of patent systems: standard patents and short-term patents. Standard patents have a term of protection of up to 20 years, while short-term patents have a term of protection of up to eight years. The invention must be new, non-obvious, and applicable for industrial uses. Hong Kong adopts a "first-to-file" system - the person who first applies gets the patent rights. An annual renewal fee must be paid from the third year onwards to keep the patent rights active.
Yes, you can apply for a patent in Hong Kong if you already hold a patent elsewhere. You must apply separately under Hong Kong's jurisdiction.
The cost of obtaining a patent in Hong Kong varies depending on whether you're filing for a standard or a short-term patent. This includes application, search, examination, and renewal fees. Additional legal fees may apply if you engage a lawyer or agent.
While it's not mandatory to hire a lawyer to file a patent application in Hong Kong, it's highly recommended due to the complexities of patent law and application procedures.
No, a patent issued by Hong Kong's Intellectual Property Department only protects your invention in Hong Kong. If you want protection in other countries, you need to apply for patents in those countries separately.
If your patent rights are infringed in Hong Kong, your lawyer can take legal action against the infringer. This could involve seeking a court order to stop the infringement, claim damages, or both.
The Intellectual Property Department (IPD) of the Hong Kong Government provides comprehensive information about patents. It offers guidance on patent applications, granting procedures, maintaining patent rights, and dispute resolutions. The Hong Kong Trade Development Council (HKTDC) and The Hong Kong Inventions Association (HKIA) are also useful resources for information related to patents and inventions.
If you need legal assistance in patent matters, consider seeking a registered patent lawyer or agent, who can guide you through the process and represent your best interests. It’s advisable to arrange a preliminary meeting to discuss your invention, the patent process, and potential fees involved.
