Standard patent (O)
Hong Kong implemented a new regulations of patent on December 19, 2019, standard patent (O), which allows applicants to submit applications directly to the Intellectual Property Department in Hong Kong.
An invention is patentable if it is new, involves an inventive step; and is susceptible of industrial application. However, the following are not to be regarded as an invention for the purposes of subsection,
- a discovery, scientific theory or mathematical method;
- an aesthetic creation;
- a scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer;
- a presentation of information.
- a method for the treatment of the human or animal body by surgery or therapy, or a diagnostic method practiced on the human or animal body;
- an invention the publication or working of which would be contrary to public order (“order public”) or morality;
- a plant or animal variety; and
- an essentially biological process for the production of plants or animals (other than a microbiological process or its products).
Formality and Substantive examination
Applicant should request substantive examination within 3 years from the filing date.
20 years from the filing date
Within 12 months from the first filing date
once a year after the expiry of the third year.
- A copy of specification containing a description, claims and abstract and a set of formal drawings
- Invention title (Chinese and English)
- The name and address of the inventor/applicant (Chinese or English)
- The relationship between inventor and applicant if it’s not the same person
- A certified copy of the priority document if claiming for a priority right
Standard patent (O)-Examination