Procedure

A Short-Term Patent application can be filed directly or claiming priority in Hong Kong.  The applicant must submit a search report issued by the search authority to the Hong Kong Intellectual Property Department simultaneously.  We can provide services to obtain search reports from the China National Intellectual Property Administration.  As for the time from application to grant, it is usually expected to take six to 12 months.

A Short-Term Patent application is not subject to substantive examination, but only formality examination before grant of patent rights.  However, the patent owner or any third party with reasonable grounds may file a substantive examination request in respect of the patent with the Intellectual Property Department after grant.  After the substantive examination, if the patent or the patent after amendments as required complies with the relevant regulations, the Intellectual Property Department will issue a “Certificate of Substantive Examination” to the patent.  If it does not meet the relevant regulations, the Intellectual Property Department will revoke the patent.

       Protection Term & Renewal

A Short-Term Patent registration is valid for a maximum period of eight years and only needs to be renewed once before the expiration of the fourth year from the filing date.