PATENT APPLICATION

1. General Information

  1) Types of patent: invention patent, utility model patent, and design patent.

  2) Examination procedures:

   (1) Invention: acceptance, preliminary examination, publication, substantive examination and grant.

   (2) Utility model and design: acceptance, preliminary examination and grant. No earlier publication nor substantive examination.

  3) Patent terms:

   (1) Invention: twenty (20) years from the date of filing.

   (2) Utility model or design: ten (10) years from the date of filing. 2. Requirements for Filing a Chinese Patent Application

  1) Instruction Letter, indicating:

   (1) title of invention/utility model/design

   (2) type of patent application

   (3) name(s), address(es), and nationality(ies) of applicant(s) and inventor(s)

   (4) priority application date, number and country, if claiming foreign priority

   (5) requesting simultaneously for substantive examination or not

   (6) the date by which the application must be filed, etc.

  If an applicant or an inventor has its/his/her Chinese name and/or address, the Chinese characters are requisite to avoid any possible different versions.

  2) Power of Attorney

  Please use our (single) Power of Attorney form or General Power of Attorney form; original signatures by the applicants are required. No legalization is needed.

  If using our (single) Power of Attorney form, one (single) Power of Attorney shall be submitted for every one application.

  If using our General Power of Attorney form, one General Power of Attorney will cover all future patent applications.

  3) Application Documents, to contain:

   (1) Invention or utility model: a description, claims, drawings (if any) and an abstract.

   (2) Design: three (3) sets of drawings/photos of the product incorporated with the design. Such drawings/photos shall be sized from 3cm x 8cm to 15cm x 22cm and with no shade lines and/or dotted lines.

  If seeking protection for the shape of a product, drawings/photos of six elevation views and one perspective (if any) view are required.

  If seeking protection for pattern, unfolded and perspective drawings are required.

  If claiming colors, three (3) colored set of the drawings/photos are requisite.

  If there are special comments, a brief specification is required.

  4) Priority Document and Assignment

   (1) Priority Document: If a foreign priority is claimed, information on priority application date, number and country shall be provided before filing the patent application.

   The priority document, i.e., a certified copy of the priority application shall be submitted to the Chinese Patent Office completely indicating the name(s) of the applicant(s) and/or inventor(s). 

   (2) Assignment: If the applicant of the priority application is different from the applicant of the Chinese application, an assignment shall be submitted.

   A certified/notarized copy of a foreign assignment of the priority application is acceptable for this purpose.

   The applicant may also use our assignment form, which shall be executed by the applicant of the priority application.


3. Notes:

  1) If the Power of Attorney fails to be submitted when filing the application, same can be filed later. Please make sure that the date of execution shall be earlier than the Chinese filing date.

  2) Both priority document and assignment can be late filed but shall be filed within three (3) months from the date of filing. Otherwise, the Chinese Patent Office will issue a Notice on Deeming Not Having Requested Convention Priority. The applicant may request for restoration of the priority by submitting the priority document and/or assignment within two (2) months from the date of receiving said Notice with a payment of restoration fee.

  3) Since China has joined the Budapest Treaty in July 1995, when a new microorganism species is involved in a patent application, the new microorganism species can be deposited in an international depository institution designated by the Treaty.

  A copy of receipt of deposit and the viability proof both issued by the international depository institution shall be submitted either at the time when filing the application or within three (3) months from the date of filing the Chinese application.

  4) According to the Chinese Patent Law, for patent application for invention, the request for substantive examination shall be filed within three (3) years from the date of filing/priority. Failure in making the request will cause the application being deemed withdrawn.

  5) Since the Chinese Patent Office accepts application documents only in Chinese version, therefore, it is recommended that the filing documents be forwarded to us two (2) weeks prior to the date by which the application must be filed or the date on which the priority period expires so that we can have sufficient time to prepare the Chinese application documents, including translation. We also undertake the entrustment for filing urgent patent application, for example, an application that has to be filed within three(3) days or less. In this case, a certain urgent service fee will be charged.


Hong Kong Patent

"Hong Kong Patent Ordinance" protects two patents: standard patent and short term patent.

  "Hong Kong Design Registration Ordinance" protects design registration.

  Protection Term: 20 years for standard patent; 4 years for short term patent, renewable for another 4 years; 5 years for design registration, renewable for 4 times, each time 5 years.

  The documents filed for either standard or short term patent must be in Chinese or English.

  After issuance of a Hong Kong standard patent, annual fee shall be paid to maintain the validity of the patent; short term patent or design registration needs only to pay renewal fees at the time of renewal, no annual fees. I. Standard Patent

  A Standard Patent is a kind of registration in Hong Kong of a patent substantially examined and issued by one of the designated Patent Offices. The designated Patent Offices are Chinese Patent Office (covering direct Chinese invention patent and PCT Chinese national phase invention patent); The Patent Office of UK (covering direct UK patent and PCT UK national phase patent), as well as EPO (EPO patent application designating UK).

  There are two stages to go to obtain a Standard Patent:

  The first stage: the applicant files the patent application at one of the designated patent offices and within 6 months upon its publication, the applicant deposits the published specification at the Patent Registry of Hong Kong Intellectual Property Bureau, the Patent Registry accepts the deposit and publishes it after formality examination.

  The second stage: the applicant deposits the issued patent specification at the Patent Registry within 6 months upon publication of the issuance and requests for a Standard Patent. The Patent Registry will issue the Hong Kong Standard Patent after formality examination and will publish the issuance.

  The Standard Patent issued in Hong Kong is the basis of Hong Kong patent system, once a Standard Patent is issued in Hong Kong, it becomes independent from the patent granted by the designated Patent Office. Disputes handling, invalidation or infringement compensation, etc. of a Standard Patent is judged by the Hong Kong High Court.

  Documents/information required:

  For the first stage:

   1. Publication of the designated Patent Office, PCT international publication if applicable

   2. Abstract in Chinese and English

   3. Title of the Invention in English and Chinese

   4. Names and Addresses of the applicant and inventor in Chinese and English

   5. State of Incorporation

  For the second stage:

   Publication of issued specification by the designated Patent Office


II. Short Term patent

  There is no substantive examination to a Short Term patent, only formality examination. However, an official search report made by the patent office of one of the following countries is required: Austria, Australia, China, Japan, Russia Federation, Spain, Sweden, USA, UK and EPO.

  Short Term patent can claim Convention priority, the priority term is one (1) year. For a PCT Chinese national phase utility model patent application, within 6 months from its entry, the applicant can also file a correspondent Short Term patent application in Hong Kong.

  Documents/information required:

   1. Description, drawings, claims, abstract and drawing for abstract

   2. Official search report issued by one of the designating Patent Office (can be late filed)

   3. Priority document if priority is claimed

   4. If it is based on PCT Chinese national phase utility model application, then also

    1) Copy of PCT international publication and search report

    2) Date entering China

    3) Copy of publication by the Chinese Patent Office (if any)


III. Design registration

  Hong Kong sets up Design Registry, receiving design registration applications and undertakes formality examination. An application once it meets the formality requirements, the Registry can register it and publish the registration. Design registration application can claim Convention priority. The priority term is Six (6) months.

  Documents/information required:

   1. drawings, brief description;

   2. priority document if priority is claimed (can be late filed)


本网站由阿里云提供云计算及安全服务