Patent registration in hong kong ip guide ip coster. The intellectual property department ipd is in charge of registering patents, trademarks and designs, and assisting in formulating policies and law. Everything you need to know patent law resources how to patent an idea provisional patent patent pending design patent plant patent utility patent. A patent granted for hong kong sar takes effect in hong kong only and does not provide for protection in the peoples republic of china prc. A standard patent can now be filed directly using the newly launched ogp system, which operates in parallel with the reregistration route. In such case, decompiling a software by reverse engineering in order to. Network and cybersecurity software patents bandura cyber. Never before has one resource broken down the process for drafting software patent specifications and claims into manageable segments.
The expert panel consisting of both legal and technical minds will present and discuss the details about software patents. Presently, hong kong patents are extensions of united kingdom patents issued either through the uk patent office or the european patent office. The talk of the town is the advent of the new patent system, which will aim to sharpen the jurisdictions stance on ip rights by introducing an original grant patent system to coexist alongside the current reregistration regime. Patent applications in hong kong are submitted to the patents registry belonging to the hong kong intellectual property department. To gain broad protection proprietors must register in both hong kong and mainland china.
Introduction of original grant patent ogp system in hong kong. The specification of standard patent applications may be filed either in english or chinese. Intellectual property database for guangdong, hong kong and macao. Opening up of patent and trademark agency services in the mainland international agreements to which hong kong, china is a party intellectual property database for guangdong, hong kong and macao. Notices appointing the above date as the commencement date of. In addition, various other search criteria can be used, such as types of documents, numbers, dates, date ranges, names or keywords in the title or abstract. A shortterm patent application in hong kong is made by filing a request for grant of shortterm patent supported by the documents and information required. Standard patent can be directly applied in hong kong, or first filed in china, europe or uk and then within strict time limits be extended to hong kong.
Yesterday patently apple posted a report titled apple has been granted 9 design patents covering powerbeats pro earphones and charging case. Hong kong maintains a separate legal system from mainland china. An overview of the development of hong kongs patent system. Patent application in hong kong conpak cpa limited. Introduction of original grant patent ogp system in hong.
Hong kong acts as the main conduit for imports into and exports out of southern china, which accounts for the vast majority of patent infringements in mainland china. A leader in cybersecurity, bandura cybers software patents highlight its comprehensive, cuttingedge approach to network security through threat intelligence. The hong kong patent and trademark office registers five. The ogp system provides a direct filing route for an application for a standard patent o in hong kong and will be offered in parallel. The grant of a shortterm patent in hong kong is based on a search report from an international searching authority or one of three designated patent offices. There have been no dispute settlement procedures regarding software patents. A new patent system will be launched in hong kong on december 19, 2019 as the patents amendment ordinance 2016 and the patents general amendment rules 2019 have been enacted.
A shortterm patent is a way to protect invention with a shorter validity term 8 years in total. A new patent system will be launched in hong kong on december 19, 2019. After a thorough revision, a new original grant patent ogp system for standard patents will be introduced for standard patents, while retaining the current reregistration system in parallel. However, even here hong kong patent law has diverged in some respects from european patent law, such as in the patentability of second medical use claims. A shortterm patent is a way to protect invention with a shorter validity term. Intellectual property protection of computer programs revisited onc. In hong kong there are two types of patents available. The ogp system has the advantage of providing a direct and economical route to acquire patent protection in hong kong. In contrast, artistic creations, mathematical models, theories, methods for medical treatment or diagnosis, and. The filing of a hong kong patent is relatively cheap compared to patent applications in virtually any other country of the world. It is hard to tell where the boundary for software patents in china will be, as the new boundary will only be established after patents are granted and then challenged in.
Expert guides coming changes in hong kong patent law. The hong kong court system is thus very reputable, and therefore a hong kong patent is enforceable. Intellectual property protection of computer programs. Patents and innovation in mainland china and hong kong edited by yahong li. Intellectual property protection of computer programs revisited. Future parts will describe some possible solutions. The hong kong customs and excise department is in charge of the investigations and prosecutions against infringers of intellectual property rights. This can mean that claims that would be valid in hong kong are rejected in china. Inventions may also be protected as shortterm patents in hong kong. Now, when we talk about software patents, what exactly do we mean. Hong kong operates under a firsttofile system, meaning that the first person to file an ip right within the hong kong jurisdiction will own that right once the application is granted. A brief guide to intellectual property in hong kong. Patents and innovation in mainland china and hong kong edited by yahong.
Part of a presentation given on 19 november 2007 to the south east trade mission and the leeds legal mission at the british consulategeneral, hong kong. Epo patent protection in hong kong special administration. The hong kong patents ordinance of 27 june 1997, as last amended on 22 february 2008, established an independent patent system. Patent protection in hong kong albright ip limited. Please set the page orientation to landscape for printing of bilingual texts on a single page. To enjoy patent protection for an invention in hong kong, one must apply for and obtain a patent for the invention in hong. Patents, innovation and one country, two patent systems. Software patents, third edition will show you how to draft accurate, complete patent applications applications that will be approved by the patent office and that will stand in court if challenged. When granted, the standard patent is independent from the original foreign patent i. Hong kong has its own legal system based on the british model and separate from the legal system of the rest of china, and many of the lawyers and judges practising in hong kong are british. Protecting intellectual property rights in hong kong and china. The patent law in hong kong is based on the hong kong patents ordinance of 27 june 1997, as last amended on 22 february 2008. In this article we consider the hong kong patent system, beginning by briefly exploring the reasons for considering and obtaining patent protection in hong kong.
How to protect your software innovation with patents. In this week we learn about patent trolls, software patents, business process. Software patents, third edition wolters kluwer legal. To print the whole chapter in html, please click at the bottom of the toc panel and then click. Hong kong government introduced the new patent system, the brandnew original grant patent and existing reregistration are dually coexisting, and applicants get to enjoy the flexibility to choose either one. This is the second half of my interview with john ferrell, longtime silicon valley patent attorney and angel investor, about intellectual property protection for software. Hong kong provided that hong kongs patent ordinance is also modelled on the british patents act 1977 which in turn adopted the epc, it is likely for hong kong to follow the restrictive british approach in assessing patent grant for computer programs. On friday the hong kong patent office granted apple 28. On 7 february 20, the ac issued its formal report 209 pages. Jun 28, 2018 this is the second half of my interview with john ferrell, longtime silicon valley patent attorney and angel investor, about intellectual property protection for software. For example, in hong kong, it is expressly provided in the patents ordinance that a. A hong kong standard patent must be registered in a twostage process based upon a designated patent that is, a european patent designating the united kingdom, a united kingdom patent, or a chinese patent. Under the new patent system, a direct patent filing. Jun 30, 20 patents in hong kong are granted to the first person to file an application, rather than necessarily the first person who created the invention.
Following this, the patent system itself is outlined, including the types of patent which can be applied for, and the process by which protection can be obtained. Software patents worldwide is the only resource providing expert insights and howto guidance on drafting patent claims in the worlds key markets, which means you can practice with confidence and avoid errorseven in unfamiliar territory. Hong kong patent applications registrations may easily be retrieved by entering the publication number of the corresponding ep, uk or cn designated application patent. Its relevance for patentability in the domains of, for example, computerimplemented business methods, computer science and software information technology remains uncertain, since the trips agreement is subject to interpretation, like all legal texts.
Video created by the hong kong university of science and technology for the course protecting business innovations via patent. Hong kong provided that hong kong s patent ordinance is also modelled on the british patents act 1977 which in turn adopted the epc, it is likely for hong kong to follow the restrictive british approach in assessing patent grant for computer programs. In other words, patent would only be granted to computerprogramrelated inventions only. Part one of a threepart series on software patents.
Therefore, inventors can lose out if they do not patent quickly enough. An invention which is new and involves an inventive step can be patented in hong kong by registration as long as it is susceptible of industrial application and does not belong to the excluded classes of inventions. International agreements to which hong kong, china is a party intellectual property database for guangdong, hong kong and macao guangdong hong kong ip cooperation corner. Earlier today the hong kong patent and trademark office granted apple five. Basic of intellectual property protection in hk asiabc. A patent gives the inventor an exclusive right to use his invention. On 2 june 2016, the legislative council passed the patents amendment bill 2015 to amend the existing patent legislation in hong kong.
Because of this, it has generally been better to reregister european patents in hong kong. Patent searchinformation support hong kong the patent. Patent protection in the hong kong special administrative region the hong kong sar. In hong kong, an invention can be protected by a standard patent or a shortterm patent. Mar 14, 2019 international agreements to which hong kong, china is a party intellectual property database for guangdong, hong kong and macao guangdong hong kong ip cooperation corner. This part describes the problems with software patents. The hong kong intellectual property department hkipd will launch a new patent system in hong kong on 19 december 2019, put into effect by the patents amendment ordinance 2016 and the patents general amendment rules 2019, which will also come into force on the same date. The hong kong intellectual property department hkipd made major reforms to the patent system in hong kong in december 2019, with the introduction of the original grant patent ogp system. A software patent is a property right, or type of utility patent, that protects any performance of a computer relised by means of a computer program. These devices can have many patented components and features, containing a blend of software, hardware, and design patents. Opportunities, costs, value and valuations is an event targeted at clevel executives in general but more specifically senior technical people at early stage companies.
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