Standard (Invention) Patent

A standard patent gives you long-term protection and control over an invention. It lasts for up to 20 years from the filing date of your application (or up to 25 years for pharmaceutical substances).

The invention claimed in a standard patent must be new, involve an inventive step and be able to be made or used in an industry.
An inventive step means that the invention is not an obvious thing to do for someone with knowledge and experience in the technological field of the invention.

Your invention must differ in some way from existing technology. This difference must be something more than the simple application of published information or standard background knowledge.

Before a standard patent can be granted, the application will be examined by patent offices to make sure it meets legislative requirements. Depending on the circumstances and the type of protection you are applying for, examination can take from six months up to several years.

China Invention Patent Registration:

Requirements: Inventions mean new technical solutions proposed for a product, a process or the improvement.

Protection period: The duration of the invention patent right shall be 20 years.

Required Documents:

  • Patent Documents (Specification, Claims, Abstract and Drawings)
  • The name of invention, the name and address of applicant, the name and address of inventor
  • Power of Attorney

Affiliated Office and Duration:

State Intellectual Property Office of the People’s Republic (SIPO)

Normal process (30-48 months)

Application→Deficiencies Checking→Examination→Publication and Recordation→Issuance of certificate

*Remark: The patentee should pay annual fees to maintain the right of patent.

Hong Kong Standard Patent 

Requirements: 

(Re-registration):The grant of a standard patent in Hong Kong is based on the registration of a patent granted by one of three designated patent offices.

(Original Grant Patent): The grant of a standard patent will be directly file in Hong Kong exempting from any further record request filing with their designated patent office.

Designated Patent Office:

  • The State Intellectual Property Office, People’s Republic of China
  • The European Patent Office, in respect of a patent designating the United Kingdom
  • The United Kingdom Patent Office

Protection Period: The period of protection of a standard patent can be renewed annually after the end of the third year, up to maximum term of 20 years.

Required Documents:

  • Patent Documents(Specification、Claims、Abstract、Drawings and the registration of a patent granted by one of three designated patent offices)
  • The name of invention, the name and address of applicant, the name and address of inventor
  • Power of Attorney

Affiliated Office and Duration:

Hong Kong Intellectual Property Department (HKIPD)

Standard Patent (Re-registration) : Normal process ( 3-4 months)

Application →Deficiencies Checking →Publication and Recordation →Certification

Standard Patent (Original Grant Patent): Normal process (12-18 months)

Application →Deficiencies Checking →Examination →Publication and Recordation →Certification

*Remark: The patentee should pay annual fees to maintain the right of patent.