Hong Kong is a separate jurisdiction from mainland China and patent rights registered in mainland China do not automatically extend protection to Hong Kong. In order to secure patent protection of your inventions in Hong Kong, a separate application must be filed in Hong Kong.
Are Chinese patents valid in Hong Kong?
First of all, one should note that due to the ‘One Country, Two Country’ systems, a Chinese patent has no effect in Hong Kong, and vice versa.
Do China trademarks cover Hong Kong?
A trade mark, patent or design registered in mainland China does not provide protection in Hong Kong or Macau. If you want protection in these territories, you will need to register your IP rights in these territories.
Do patents cover internationally?
Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no effect in a foreign country, an inventor who wishes patent protection in other countries must apply for a patent in each of the other countries or in regional patent offices.
Do patents matter in China?
Patent filings are reaching two million a year at the Chinese patent office . . . they are certainly filing a lot of international patent applications as well.
Why do patent families matter when comparing countries?
|Number of Patents Filed by Country (2016)|
How do I get patent protection in Hong Kong?
Traditionally, to apply for patent protection in Hong Kong, the applicant must first file a patent application in one of the three designated patent offices, namely, the China National Intellectual Property Administration (“CNIPA”), the European Patent Office, in respect of a patent designating the United Kingdom, and …
How do I apply for a patent in Hong Kong?
You need to file a request for registration and grant in the Hong Kong SAR at the latest within six months after publication of the request to record in the Hong Kong SAR, or the grant of the designated patent by the designated patent office.
How do I register a brand name in China?
The company must either directly file an application with the China Trade Mark Office (CTMO) or file the application through the World Intellectual Property Organization (WIPO). If choosing the latter, the trademark application must be based in the country where the mark is currently registered.
Are US patents valid in China?
This means that trademarks and patents registered in the United States offer no protection in China. … The U.S. owner of the intellectual property will call these products “knock-offs” or infringements, but the manufacture and sale of those items in China and from China is perfectly legal.
Are all patents worldwide?
Patent law is specific to each country; although regional agreements exist, there is no global patent law. … Filed under the Patent Cooperation Treaty (PCT), an international patent application aims to facilitate the procedures for protecting inventions in multiple countries in a cost-effective and insightful way.
What is the internationally accepted term for a utility patent?
The rights conferred for the utility patents are similar to those granted by patent laws but have a shorter term. The span of protection usually varies from 6-15 years; contrary to patents in which the term of protection is 20 years.
Does China protect patents?
Trademarks, patents, copyrights, trade secrets (know-how), geographical indications, and plant breeders’ rights are all recognized forms of IP that can be protected under Chinese law.
Which country holds the most patents?
In 2020, China had the most patent grants worldwide with 530,127 patents granted to resident and non-resident companies or organizations.
Does China steal intellectual property?
When the Trump administration initiated the U.S.-China trade war in 2018, it used a report on China’s intellectual property theft as the initial legal justification for the tariffs. It estimated that theft or underpayment was harming U.S. companies by about $50 billion annually.