Hong Kong’s new patent system will hit the road on December 19, 2019. Two important changes brought about by this new system: the introduction of “original patent system” and “optimization of the current short-term patent system”, and the implementation of a regulatory measure.
Under the new patent system, patent applicants can choose to file a standard patent application through the “original patent system” or the current “re-registration” system. According to the current “re-registration” system, before a patent applicant applies for a standard patent in Hong Kong, the applicant has to file a prior application for the same invention with one of the designated patent offices outside Hong Kong, such as the China National Intellectual Property Administration, the European Patent Office (designated British patents) or the United Kingdom Intellectual Property Office. The new “original patent system” can directly apply to the Hong Kong Intellectual Property Department for “standard patents”, which helps saving costs and time.
In addition, in order to enhance the integrity of the short-term patent system and the overall effectiveness of short-term patent protection, the Hong Kong Intellectual Property Department has implemented measures to optimize the current short-term patent system. The optimization measures of the short-term patent system include: each application can contain up to 2 independent claims; allow short-term patent holders or third parties who have reasonable doubts or doubts about the validity of a short-term patent to request the Hong Kong Intellectual Property Department to conduct a post-grant substantive examination; when the short-term patentee threatens another person with a short-term patent without substantive examination, he must provide sufficient information about the short-term patent, otherwise the threat may be regarded as unreasonable threats, and those aggrieved by threats have the right to claim relief.
The new legislation prohibited the use of certain misleading or confusing titles or descriptions related to patent practice in Hong Kong.
Released by TIPO
