No. A patent that is granted within Hong Kong will not automatically grant protection that is applicable in other jurisdictions. Patent holders who seek to protect their intellectual properties in other jurisdictions should apply for an independent application in those jurisdictions accordingly.
There are two main ways to protect your patent rights in multiple jurisdictions:
1. National Route: File an independent application in each jurisdiction where you would seek to protect your patent. However, this route may incur enormous costs and time as these are separate applications with independent assessment schemes.
For certain jurisdictions that are not members to the Patent Cooperation Treaty (“PCT”), this is the only viable route in securing your patent rights in those jurisdictions.
2. International Route: A prospective patent holder may seek to file a single application under the PCT to enforce their patent rights in multiple jurisdictions which are also Treaty members to the PCT. After filing for a PCT application, an International Report and written opinion will be published to reflect on the patentability of the application. The application will also be translated and transferred to local agents for handling. This may be a cost-efficient method of ensuring that a patent may be enforceable in a large number of jurisdictions.
Relevant Hong Kong Laws
If you would like to register your patent via the ‘national route’ in Hong Kong, the Patents Ordinance (Cap. 514) will be applicable.
Key Takeaways
1. A patent that is registered in Hong Kong does not get patent protection in other jurisdictions automatically. Separate applications would have to be made.
2. The ‘national route’ is suitable for prospective patent holders who seek to enforce their potential patent rights in a small number of jurisdictions.
3. For those who are seeking worldwide patent protection, the ‘international route’ is more suitable as it may save cost and time.
Bibliography
- Intellectual Property Department, “Obtaining a patent in other places,”<https://www.ip.gov.hk/en/obtaining-patents-in-other-places.html>
- WIPO, “The Patent Cooperation Treaty”, <https://www.wipo.int/export/sites/www/pct/en/presentations/pct_overview_july2007.pdf>