A patent is a type of property right. It gives the owner of the patented invention an exclusive right for a fixed period to make, use, sell, import or exploit their patented invention. Once you have obtained patent protection for your invention, other people cannot commercially use, distribute, sell or import your invention without your consent.
Applying for a patent
However, unlike a copyright, you must apply for a patent as it does not arise automatically. Technical information regarding the invention must also be disclosed to the public when you apply for a patent.
As patent rights are territorial, you must apply for and obtain a patent for your invention in Hong Kong, even if you have already obtained a patent for your invention in another country. This is because the exclusive rights granted to you by the patent are only applicable in Hong Kong (i.e. the jurisdiction in which your patent has been filed and granted).
Types and duration of patent
In Hong Kong, patent protection is governed by the Patents Ordinance (Cap. 514). The Ordinance grants two types of patents:
- Standard patent: It provides protection to the invention for at most 20 years (from the application’s filing date).
- Short-term patent: It provides protection to the invention for at most 8 years (from the application’s filing date).
Key takeaways
- A patent is a property right that gives the owner of the patented invention an exclusive right to make, use, sell, import and exploit their patented invention.
- As a patent does not arise automatically and patent rights are territorial, you must apply for a patent for your invention in Hong Kong.
- Under Hong Kong’s Patents Ordinance (Cap. 514), there are two types of patents that you can apply for – standard patent and short-term patent.
Bibliography:
- Intellectual Property Department, ‘What is a patent?’: https://www.ipd.gov.hk/eng/intellectual_property/patents/what_is.htm
- World Intellectual Property Organization, ‘Patents’: https://www.wipo.int/patents/en/