Notes on Several Issues Regarding Patent Applications in Mainland China and Hong Kong

Instructions on Certain Issues Concerning Patent Applications in Mainland China and Hong Kong The Patent Office of the People's Republic of China has now announced the "Instructions on Several Issues Concerning Patent Applications in Mainland China and Hong Kong after the Return of Hong Kong". Explain that after the Chinese government resumed the exercise of sovereignty over Hong Kong, the Hong Kong Special Administrative Region has established a separate patent system and implemented the Hong Kong Patent Ordinance and the Registered Design Ordinance. In order to facilitate applicants from mainland China, the Hong Kong Special Administrative Region and other countries and regions to handle the relevant patent application procedures, the relevant issues are explained as follows: 1. Issues regarding the submission of patent applications by legal persons and residents of the Hong Kong Special Administrative Region (1) Submission of international applications The China Patent Office is the receiving office for international applications submitted by legal persons and residents of the Hong Kong Special Administrative Region in accordance with the Patent Cooperation Treaty. Legal persons and residents of the Hong Kong Special Administrative Region may also submit international applications directly to the International Bureau of the World Intellectual Property Organization. (2) Submitting Chinese national patent applications Legal persons and residents of the Hong Kong Special Administrative Region who submit Chinese national patent applications to the China Patent Office shall still follow the "Regulations on Certain Issues Concerning Patent Applications in Hong Kong and Macao" announced by the China Patent Office on August 21, 1995. handle. 2. Regarding the issue of patent protection for international applications in the Hong Kong Special Administrative Region (1) If the applicant specifies China in the international application and hopes that the application will obtain patent protection in Hong Kong, in addition to going through the relevant procedures with the China Patent Office, he should also go through the relevant procedures. The formalities for requesting the registration and grant of a standard patent or the request for the grant of a short-term patent should be handled in accordance with the relevant provisions of the Hong Kong Patent Ordinance. (2) After an international application requesting a Chinese invention patent enters the Chinese national phase, in order to obtain the protection of a Hong Kong standard patent, the applicant should go through the standard patent registration procedures with the Hong Kong Intellectual Property Office, that is: since the application is filed with the China Patent Office Within six months from the date of publication in Chinese, or if the application has been published in Chinese by the International Bureau, within six months from the date of issuance of the national application number notification from the China Patent Office, go through the record request procedures with the Hong Kong Intellectual Property Department; and Complete the registration and grant request procedures with the Hong Kong Intellectual Property Department within six months from the date the application is granted patent rights by the China Patent Office. The above procedures are applicable to applications whose publication date or national application number notification is issued on or after June 27, 1997. (3) In order for an international applicant to obtain a Chinese utility model patent to obtain the protection of a Hong Kong short-term patent for its international application, the international applicant shall apply within six months from the date of entering the Chinese national phase, or from the issuance of the national application number notification from the China Patent Office. Within six months from the date of application, submit a request for the grant of a short-term patent to the Hong Kong Intellectual Property Department. The above procedures are applicable to applications whose national application number notification is issued on or after July 1, 1997. 3. Regarding the issue of obtaining patent protection for Chinese invention patent applications in the Hong Kong Special Administrative Region. Applicants who apply for invention patents to the China Patent Office must, in order to obtain the protection of Hong Kong standard patents, be required to apply to the Hong Kong Intellectual Property Office in accordance with the relevant provisions of the Hong Kong Patent Ordinance. The Intellectual Property Office handles the registration procedures for standard patents, that is, submits a record request to the Hong Kong Intellectual Property Office within six months from the date the application is published by the China Patent Office.Continue; and go through the registration and grant request procedures with the Hong Kong Intellectual Property Department within six months from the date the application is granted patent rights by the China Patent Office. The above procedures are applicable to applications whose publication date is on or after June 27, 1997. 4. Regarding the issue of requesting to obtain Hong Kong short-term patent or registered design protection. If you request to obtain Hong Kong short-term patent (except through the international application route as mentioned above) or registered design protection, you should follow the Hong Kong Patent Ordinance or the Registered Design Ordinance. According to the regulations, relevant procedures should be completed with the Hong Kong Intellectual Property Department. According to the provisions of Hong Kong's Patent Ordinance Rules, those who require short-term patent protection in Hong Kong should also submit a search report made by an international search unit including the China Patent Office or a patent office designated by the Hong Kong Intellectual Property Department.