Short-term Patent

Generally, there is no time frame for filing short-term patent application. But if the applicant wishes to claim priority from a first application in a Paris Convention country or World Trade Organization member territory, they should file the short-term patent application in Hong Kong within 12 months of filing the first application. If the invention has been disclosed and applicant claims that the disclosure does not prejudice the invention's novelty, they should file the short-term patent application within 6 months of the disclosure. The maximum protection period of short-term patent is 8 years and 4 years to renew the patent from the start day of patent application in Hong Kong.

Required Documents / Materials:

1. Specification (section 113(1)(b), Patents Ordinance and sections 58(2), 59, 60 and 64, Patents (General) Rules);
2. Abstract in both English and Chinese (section 61, Patents (General) Rules);
3. Applicant's name and address;
4. Inventor's name and address;
5. Search report－To support an application for a short-term patent you need to file a search report from one of the following searching authorities
   • - an international searching authority under Article 16, Patent Co-operation Treaty;
   • - the State Intellectual Property Office, People's Republic of China;
   • - the European Patent Office;
   • - the United Kingdom Patent Office.

Remarks:

1. Required to provide one set of the novelty assessment report by authorized institution from Hong Kong Government. (Patent Office of Mainland China, Australia, Austria, Japan, Russia, Spain, Sweden, United Kingdom, United State or European)
2. Above service fee exclude the search report and translation, please contact us for such services assistance.