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ARCHIVED: This Practice Note is archived and not maintained. It was originally prepared for LexisAdvance® Practical Guidance Hong Kong. Hong Kong is a special administrative region of the People’s Republic of China (Mainland China). Under the one country, two systems framework, Hong Kong maintains its own patent regime, distinct from that of Mainland China. The Intellectual Property Department (IPD) of the Hong Kong government manages the administration of patent applications, registrations and maintenance. There are two types of patent in Hong Kong: standard patents short-term patents The Paris Convention and the Patent Co-operation Treaty (PCT) apply in Hong Kong by virtue of Mainland China’s membership. The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) is implemented in Hong Kong through its World Trade Organisation (WTO) membership. A short-term patent application may serve as a priority founding application under the Paris Convention or TRIPS, but a standard patent application may not. Patents can be filed in Chinese or in English. Legislation...
This Practice Note sets out the duration of patent protection and the need to keep rights in force through periodic renewals to preserve that term. It further outlines the process for restoring a patent that has lapsed or is about to lapse. Obtaining a patent in the UK In the UK, patents may be secured in two forms, namely: UK national patents—are granted by the UK Patent Office under the Patents Act 1977 (PA 1977) UK designations of European patents (EP(UK) patents)—European patents are granted by the European Patent Office (EPO) under the European Patent Convention (EPC) but must be validated in the UK to have effect (be valid) here The UK, alongside Norway, Switzerland and Turkey, is a non‑EU contracting state to the EPC. Accordingly, the UK participates in the European patent system and may be designated in European patent applications. An applicant can also use the Patent Cooperation Treaty (PCT) system to apply to the World Intellectual...
This new starter guide offers a primer on patent law, with multiple links to wider Lexis+® UK resources for deeper insight. It is designed for trainee solicitors and anyone new to patents. For guidance on other intellectual property (IP) rights, including further new starter guides, see Practice Note: Intellectual property (IP)—new starter guide. If a topic is not addressed here, explore the two Patents subtopics: Patents transactions and management, and Patents disputes. For concise outlines of these areas, see Patent transactions and management—overview and Patent disputes—overview. The guide also sets out how to subscribe to IP daily and weekly news alerts and how to reach the LexisAsk team. Introductory materials For an introduction to patents, see Practice Notes: Patent applications—how to obtain patent protection in the UK Patentability and exclusions from patentability Patents—entitlement and co-ownership Patent term, renewal and restoration Patent invalidity—grounds of revocation Patent infringement Protecting inventions: patents and trade secrets—training ...