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The patent law in Hong Kong is based on the Hong Kong Patents Ordinance of 27 June 1997, as last amended on 22 February 2008. [1] The Hong Kong patent system is independent from the patent system in the People's Republic of China (PRC), in that a "patent granted for Hong Kong SAR takes effect in Hong Kong only and does not provide for protection in the People's Republic of China (PRC)".
In other words, when an applicant files an application for a patent or a trademark in a foreign country member of the Union, the application receives the same treatment as if it came from a national of this foreign country. Furthermore, if the intellectual property right is granted (e.g. if the applicant becomes owners of a patent or of a ...
The expression ' Hong Kong Letters Patent ' is most commonly used to refer to the Hong Kong Letters Patent 1917, one of the principal constitutional documents of British Hong Kong (others being the Hong Kong Letters Patent 1960, the Hong Kong Letters Patent 1982, the Hong Kong Letters Patent 1991 (No. 1), and the Hong Kong Royal Instructions 1917); however, it may also refer to any other Hong ...
Patent examination is done by the State Intellectual Property Office (SIPO), which had over 14,000 patent examiners in 2019 and an average patent pendency time of 16.5 months, [8] which is ca. 65% of the median pendency time at the USPTO. In 2012 invention patents, utility models and design patents had life terms of 20 years, 10 years and 10 ...
Hong Kong recognizes standard patents or patents for invention registered and granted in the People's Republic of China, European Patent Office (designated UK), or United Kingdom. These patents can be re-registered in Hong Kong without examination within a prescribed period. [14] On October 4, 2011, the Hong Kong SAR Government published a ...
The expression 'Hong Kong Royal Instructions' is most commonly used to refer to the Hong Kong Royal Instructions 1917, one of the principal constitutional documents of British Hong Kong (others being the Hong Kong Letters Patent 1917, the Hong Kong Letters Patent 1960, the Hong Kong Letters Patent 1982, and the Hong Kong Letters Patent 1991 (No. 1)); however, it may also refer to any other ...
Patent prosecution – interaction between applicants and their representatives, and a patent office with regard to a patent, or an application for a patent. Broadly, patent prosecution can be split into pre-grant prosecution, which involves negotiation with a patent office for the grant of a patent, and post-grant prosecution, which involves ...
Hong Kong's legal system was developed under British governance, based on the English common law. Under British rule, the constitutional documents that governed Hong Kong were the Letters Patent and the Royal Instructions, and judicial cases were generally appealable to the Judicial Committee of the Privy Council in the UK. [3]