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ARTICLE · 11 DECEMBER 2019

New Patent System With Substantive Examination Introduced In Hong Kong

Jones Day
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The Situation: In addition to the current standard patents and short-term patents, Hong Kong is making available original grant standard...

Hong KongIntellectual Property

In Short

The Situation: In addition to the current standard patents and short-term patents, Hong Kong is making available original grant standard patents and, starting December 19, 2019, conducting substantive examination over these patents.

The Result: Under the current patent system, an applicant can apply to re-register standard patents or file short-term patents to enjoy maximum protection terms of 20 years and eight years, respectively. Under the new patent system, Hong Kong will, on top of the existing regime, accept applications of original grant standard patents and perform substantive examination. The advantages associated with original grant standard patents compared to re-registered standard patents involve the conditions for filing rather than the actual patent grants.

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