Report

CHAPTER 1
Introduction
The Review
1.1 To ensure that the Hong Kong patent system continues to
meet present-day circumstances and that its further evolution would
facilitate the development of Hong Kong into a regional innovation and
technology hub, the Administration commenced a comprehensive review
of the system in October 2011, taking into account the latest international
developments in patent protection.
Background
1.2 Under the Patents Ordinance (Cap. 514) (the Ordinance), 1
two types of patents, namely standard patent and short-term patent, are
granted in Hong Kong.
1.3 The grant of a standard patent in Hong Kong, which is valid
for a maximum term of 20 years, is based on a patent granted by one of
the three “designated patent offices”, namely the State Intellectual
Property Office (SIPO) of the People’s Republic of China (PRC), the
United Kingdom (UK) Patent Office and the European Patent Office
(EPO) (for European patents designating the UK). No substantive
examination is conducted for a grant of Hong Kong standard patent, i.e.
the Hong Kong Patents Registry (Patents Registry) does not assess
whether the invention is novel, involves an inventive step and is
susceptible of industrial application. This grant system is generally
referred to as a “re-registration” system. 2
1
2
The Ordinance was enacted on 27 June 1997. Prior to 1997, a person who had obtained a patent
in the UK or a European patent designating the UK could have his patent registered in Hong Kong
within five years of its grant. The patent would be effective in Hong Kong for so long as the
corresponding UK or European patent remained in force.
The application process for a standard patent involves two stages, i.e.
(a) At stage one, the applicant has to file a “request to record” with the Patents Registry within six
months after the date of the publication of the corresponding application in a designated patent
office.
(b) At stage two, the applicant has to file a “request for registration and grant” with the Patents
Registry within six months after the date of grant of the patent by the designated patent office
or publication of the “request to record” in Hong Kong, whichever is later.
The Patents Registry will grant the patent after receiving the relevant documents in relation to the
grant of the designated patent.