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Patents


1. What is a Patent?

2. Territorial Protection

3. Standard and Short-term Patents


1. What is a Patent?

  • Patents protect technical innovations.

  • A patent gives the exclusive right to the inventor of an invention or its subsequent owner to make, use or put the invention on the market.

  • An invention which is new, involves an inventive step and is capable of being industrially applied can be patented. Generally speaking, if any invention is disclosed to the public prior to the application of patent registration, the inventor will not be given any exclusive rights. The patent system encourages new technology by granting the inventor a patent which gives him the exclusive right to exploit the invention for a set term.

2. Territorial Protection

  • The patent registration system of Hong Kong provides territorial protection. Hence, patents registered with the China National Intellectual Property Administration or patents registries of other countries or regions do not automatically receive protection in Hong Kong.

3. Standard and Short-term Patents

  • Term of protection under standard patents can be up to 20 years subject to a timely renewal for every year beyond the 3rd year.

  • Term of protection under short-term patents can be up to 8 years subject to a timely renewal before the expiry of the 4th year.


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