The underlying principle of the short term patent is to permit an invention to be protected quickly, by a deposited filing (ie. without substantive examination) in Hong Kong, thereby affording protection for inventions which have a short commercial life span or as an interim measure pending grant of a Standard Patent. (There is nothing in the Ordinance to prevent the co-existence of a Short Term and a Standard Patent.)
Essentially, the same principles apply in determining the registrability, scope, remedies and other rights and obligations of the proprietor for a short term patent as for a Standard Patent, with the following exceptions:
- only one step needs to be taken, ie. a Request for Registration and Grant, consisting of a specification (which may be that used for the designated patent) together with a search report showing relevant prior art;
