Hong Kong Patent Service
Hotline: 86-755-82143422 Email: anitayao@citilinkia.com
You may consider adopting the following strategies to protect your patent:
(1)Only the proprietor of a patent is entitled to register a patent for an invention. A person may obtain ownership of a patent and become its proprietor by commissioning the creation of an invention, employing somebody under a contract to create an invention or assignment of a patent, etc.
(2)Only new inventions are registrable. You need to keep your invention confidential until you file your corresponding designated patent application and short-term application. Using your invention in manufacturing or publishing or disclosing it (for example publishing it in a catalogue or placing an order to manufacture the invented product) before filing you patent application may mean that even if you are granted a patent for your invention, the registration may become invalid because your invention was not considered new on the date of filing the application date.
(3)It is only in limited circumstances that disclosure does not destroy the novelty of an invention. Sections 95 and 109 of the Patents Ordinance of Hong Kong provide for the specific circumstances of and requirements for non-prejudicial disclosure. If you need to disclose details of your invention before filing an application, you should take professional advice to ensure that the novelty of your invention would not be destroyed upon disclosure.
(4)You should register your patent separately in the two places in Hong Kong and in the Mainland, as there are separate systems of registration and protection. Registering your patent in the Mainland does not automatically give you protection in Hong Kong.
(5)You should apply for a patent for your invention as soon as possible to ensure that it is available for use in your business and that you can take immediate action against any infringement.
(6)You may consider taking legal action under the Patents Ordinance of Hong Kong in case of any infringement of your patent rights in Hong Kong.
(7) Most importantly, you should seek professional advice from an intellectual property lawyer or agent with regard to all aspects of your intellectual property rights, including trademark, copyright, registered design or patent.
Contact us
For further queries, please do not hesitate to contact ATAHK at anytime, anywhere by simply calling China hotline at 86-755-82143422, 86-755-82143512, or emailing to anitayao@citilinkia.com.