1. Application Process in Hong Kong
(1) Applying for a standard patent
A standard patent application in Hong Kong, China is made in two stages by filing:
Request to record (stage 1) - when should you file?
You need to file a request to record in Hong Kong, China within six months after the publication of the designated patent application in the designated patent office.
Request to record (stage 1) - examination
Upon receipt of your request form (Form P4), IP department of Hong Kong will issue a receipt notifying you the alloted application number.
IP department will allot a filing date to your request to record when your request contains information identifying the applicant, refers to the designated patent application and includes the designated patent application number, its publication number and date of publication.
If IP department has given your request to record a filing date, IP department will examine your request and give you notice to correct any deficiencies within two months.
Request to record (stage 1) - publication
If there is no deficiency or the deficiencies are corrected IP department will publish your request to record and advertise it in the Hong Kong Intellectual Property Journal.
Request for registration and grant (stage 2) - when should you file?
You need to file a request for registration and grant in Hong Kong, China at the latest within six months after publication of the request to record in Hong Kong, China, or the grant of the designated patent by the designated patent office.
Request for registration and grant (stage 2) - examination
IP department will allot a filing date to your request for registration and grant when your request identifies the applicant, refers to the designated patent and includes the publication number of the request to record, the publication number of the designated patent and its date of publication.
If IP department has given your request for registration and grant a filing date, IP department will examine your request and give you notice to correct any deficiencies within two months.
Request for registration and grant (stage 2) - grant and publication
If there is no deficiency or the deficiencies are corrected IP department will register the designated patent and grant a standard patent for the invention. IP department will publish details of the granted patent and advertise the grant in the Hong Kong Intellectual Property Journal.
(2) Applying for a short-term patent
Short-term patent application - examination
Upon receipt of your request form (Form P6), IP department will issue a receipt notifying you the alloted application number.
IP department will give your short-term patent application a filing date when it states the name of the applicant and describes the invention.
Short-term patent application - grant and publication
If there is no deficiency or the deficiencies are corrected IP department will grant a short-term patent for the invention, IP department will publish details of the granted patent and advertise the grant in the Hong Kong Intellectual Property Journal.
2. Necessary documents in Macao
(1). The completed “Application for Registration of Invention Patent” form;
(2). The completed “Abstract” form, the contents of abstract should not contain more than 150 words or 400 characters;
(3). Description of invention patent;
(4). Claim;
(5). Where appropriate, submit the following documents:
- Descriptive drawings;
- Power of attorney;
- Document of priority right;
- In case of the applicant requests the State Intellectual Property Office of the People’s Republic of China to prepare the report of examination, the translated copy in Chinese should be submitted if the necessary documents for submission (including “Abstract”, description, descriptive drawing and claim, etc.) are not written in Chinese;
- If the power of attorney is not written in official languages of MSAR, translated copy should be submitted in any official languages of MSAR (Chinese or ortuguese).
