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Patents are a form of intellectual property protection that give inventors exclusive rights to their inventions for a limited period. In Tai Po, Hong Kong, patents are governed under the local and national legal frameworks. Patent protection covers new inventions, which can include products, processes, or improvements that are novel, involve an inventive step, and are capable of industrial application. Holding a patent enables the owner to prevent others from making, using, selling, or importing the protected invention without permission.
Pursuing, securing, and enforcing patent rights can be a complex process. Individuals and businesses in Tai Po commonly seek legal assistance with:
Patent law in Tai Po is part of the broader Hong Kong Special Administrative Region's framework. The key legislation is the Patents Ordinance (Cap. 514), which provides two types of patents:
Patents must be novel, involve an inventive step, and be industrially applicable. Patents are territorial, meaning Hong Kong patents do not automatically grant protection in Mainland China or elsewhere. Enforcement of patent rights is handled through civil litigation. Both individuals and companies are eligible to apply for patents. Legal processes and requirements are administered by the Intellectual Property Department of Hong Kong.
A patent is an exclusive legal right granted for an invention. It protects the invention from being made, used, sold, or imported by others without the inventor’s permission in the jurisdiction where the patent is granted.
You can apply through the Hong Kong Intellectual Property Department by submitting the required application forms, descriptions, and fees. It involves technical details and often requires legal expertise for success.
A standard patent lasts up to 20 years and requires a substantively examined application, while a short-term patent lasts up to 8 years and is quicker to obtain, often without substantive examination.
No, patents granted in Hong Kong only protect your invention within Hong Kong. Separate applications are needed for protection in other places.
Yes, both individuals and organizations based in Tai Po, Hong Kong can apply for patent protection, provided they meet the patentability criteria.
Some software-related inventions may be patentable if they demonstrate a technical solution to a technical problem and meet the standard criteria of novelty, inventive step, and industrial applicability. Purely abstract ideas or algorithms are not patentable.
The process can take several years for a standard patent because of examination procedures, while a short-term patent can be granted more quickly, sometimes within a year.
Contact a patent lawyer immediately to discuss evidence collection and possible enforcement measures, which may include negotiation, sending legal notices, or court action.
Costs include government filing fees, possible translation fees, and professional fees for legal or technical assistance. Costs vary depending on the complexity of the invention and the type of patent sought.
Several government schemes, such as the Patent Application Grant, may provide funding support for initial patent application costs for eligible applicants. Check with the Innovation and Technology Commission for current programs.
If you believe you have a patentable invention or require legal advice concerning a patent issue in Tai Po, Hong Kong, consider the following actions:
Moving efficiently and with expert support will help ensure your invention receives the protection it deserves within the local and, if needed, the international legal framework.
