The Patents Registry of the Intellectual Property Department (IPD) has started accepting and examining filings under the new patent system launched today (December 19).
The new patent system essentially comprises an original grant patent (OGP) system which creates a direct route for seeking standard patent protection in Hong Kong with a maximum term of 20 years, as an alternative to the existing "re-registration" route. OGP applications are subject to substantive examination by the Registry for determining the patentability of the underlying inventions.
The Director of Intellectual Property, Mr David Wong, said, "The OGP system demonstrates the Government's commitment to bringing the local patent system on par with the mainstream patent practices of the international community. It will also facilitate the development of the innovation and technology sector in Hong Kong."
Another feature of the new patent system is enabling any short-term patent owner or third party having a legitimate interest in the validity of a patent to request the Registry to carry out substantive examination on the underlying invention. This new post-grant mechanism safeguards the integrity of the existing short-term patent system while maintaining its overall cost-effectiveness.
The use of certain misleading or confusing titles/descriptions relating to the qualification of patent practitioners is also prohibited in Hong Kong under the new patent system.
In tandem with the launch of the new patent system, a new electronic processing system starts operation today to underpin electronic patent searches and filings. Preferential fees are offered to electronic filings of all patent applications, which are some 28 per cent below the fees for paper filings.
Source: Hong Kong Intellectual Property Department