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New Patent System to Launch in Hong Kong on December 19

A new patent system will be officially launched in Hong Kong on December 19.  Currently it is only possible to apply for the protection of a standard patent in Hong Kong by filing a corresponding application in China, the United Kingdom or Europe and requesting that the protection conferred by that application be extended to Hong Kong.

Going forward, in addition to this existing route for obtaining patent protection, Hong Kong will also allow for standard patent applications to be filed directly in Hong Kong, so that a prior application in another jurisdiction will no longer be essential.  Additionally, Hong Kong’s short term patent regime which allows for a limited eight-year term of protection will remain in place, but such patents may be subject to post-grant substantive examination upon request by a patent owner or a third party with a concern about the validity of such a patent.  Examination will also be required prior to enforcing any short term patent.

More information is available from this press release from the Government of Hong Kong.


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