Standard Patent

The grant of a standard patent is based on the registration of a patent granted by one of three patent offices, namely “designated patent offices”:
1.The State Intellectual Property Office, People's Republic of China (CN),
2.The European Patent Office, in respect of a patent designating the United Kingdom (EP)
3.The United Kingdom Patent Office (UK).

Regarding the standard patent, a two-stage registration is required:

Stage 1: Request to Record

Within 6 months from the publication date of the designated patent application in designated patent office, a request known as “request to record” must be filed in Hong Kong and the deadline is not extensible.

Required documents:
- Your instructions with the basic information of the designated patent, e.g. designated patent application number, applicant’s name is required. 
- We are able to obtain the published data page of the designated patent application, the published PCT application (if the application is through PCT route) and provide the Chinese abstract for filing the request.
-Power of Attorney is not required.  

Stage 2: Request for Registration and Grant

Once the designated patent is granted, a further request, known as “request for registration and grant” must be filed in Hong Kong. 

If the designated patent is granted after the publication date of Hong Kong patent application, the request must be filed within 6 months from the grant date of the designated patent.

If the designated patent is granted before the publication date of Hong Kong patent application, the request must be filed within 6 months from the publication date of the Hong Kong patent application.

The above deadline is not extensible.

Required documents:
- Your instructions for filing the second stage request.
- We are able to obtain the photocopy of the published specification of the designated patent for filing the request.

Term of a standard patent registration

The term of a standard patent is 20 years from the filing date of the designated patent.

Maintainence fee

If the second stage request, i.e. request for Registration and grant is not filed, it is desired to pay a“maintenance fee” before the expiry of the 5th year or any succeeding year from the anniversary of the date of filing the corresponding designated patent application first occurring after the dated of publishing the request to record. 

The maintaince fee could be paid within 3 months before the expiry date and the grace period for paying the maintaince and the late payment fees is six months after it is expired.

Renewal fee

If the standard patent is registered, it is desired to pay the renewal fee before the expiry of the 3rd year or any succeeding year from the anniversary of the deemed date of filing of the standard patent first occurring after the date of grant.

The renewal fee could be paid within 3 months before the expiry date and the grace period for paying the renewal and the late payment fees is six months after it is expired

Should you have any question or enquires, or we can be of any assistance, please do not hesitate to contact us by email to mail@wisely-mansion.com.hk. 

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Patent Application in Hong Kong / Application for patent in Hong Kong
Patent Registration in Hong Kong / Registration for Patent in Hong Kong
Hong Kong Patent Application / Hong Kong Patent Registration
Patent Maintenance in Hong Kong / Maintenance for Patent in Hong Kong
Patent Renewal in Hong Kong / Renewal for Patent in Hong Kong
Patent Procedure in Hong Kong / Hong Kong patent procedure
Standard patent in Hong Kong / Hong Kong standard patent

Important:

The information provided on this website is for your reference only, which does not represent legal advice and we will not be taken any responsiblity.