Intellectual Property Services Centre

Intellectual property Consultancy Services

If you consider your innovative product or creative idea to be unique, original, and of applied value, you should apply for patent or registered design before disclosing the design or starting production, so as to obtain legal protection. Moreover, registration for a trademark can also protect the commercial rights of the trademark holder, raise business profile and boost profits.

1) Application for an Innovative Product Patent

Patents protect technical innovation. It is an important element in the Innovative product development process. Anyone who has invented or discovered a new and useful process, machine, or composition of matter, or any new and useful improvement thereof, can file a patent application. Most countries have their own patent systems. A patent in a given country gives the owner the exclusive rights to produce, use or sell the invention in that country. The maximum life of patent protection is 20 years in most countries. This is subject to payment of renewal fee, often required annually.

Many countries, other than the United States, deny patent protection to someone who has disclosed the invention to the public prior to the filing of a patent application. You should thus make sure that you have filed a patent application before publishing or marketing your invention.

Our centre collaborates with Patent Attorneys and professional parties to assist the applicant to file patent application in various countries. Based on the explanation given by the inventor or the working sample provided on the invention, HKPC will help clients prepare a clear and precise description of the invention as a brief for the patent attorney to draft the patent specifications. Our centre can also provide technical comments for the inventor as a means to enhancing the design of the product before filing the application.

Hong Kong's patent application can be divided into two categories:

i. Standard invention patent

Applicants for patents in Hong Kong must first register with specified patent authorities (PRC, UK, and European patent authorities). Within 6 months of publication of the application in those countries, the applicant must submit his first application in Hong Kong. And within 6 months of the approval of the patent by that patent authority, the applicant must submit the second application in Hong Kong. After registration, it is necessary to make periodic payments for the patent's renewal, and the maximum period of patent can be extended to 20 years. Services supplied by our centre include consultation prior to patent application, and patent registration through the collaboration with professional parties.

ii. Hong Kong short-term patent registration

Applicant can apply to the Hong Kong Intellectual Property Department through the arrangement and assistance of our centre and professional parties for a short-term patent for a maximum period of 8 years. The short-term patent application only needs to fulfill the formality requirements before it is granted.

The patent will become the intangible asset of the individual(s) or enterprise(s) after it is granted by the respective Patent Office. The patent proprietor can levy licensing fees to allow licensee to produce and sell patented product or invention.

2) Registered design Patent application

Registered Design protects the visible features of shape, pattern, ornamentation or configuration applicable to an article. Examples of registrable design include the pattern of textile article, and the outward appearance of toys, watches, consumer electronics and household appliances. A registered design must be kept in secret and non-disclosure before the filing of the application. Otherwise, it may be invalidated.

An outstanding external design is possibly the most important element of a successful product, as it attracts consumers' awareness and retains their loyalty and eventually increases in sales and profits. In order to prevent competitors from copying, registration of design is the most cost-effective way for obtaining protection. After registration, the proprietor has the right to stop the infringing actions through court injunction and claim damages, if any, should his/her design right is infringed. A registered design may be transferred, hired and licensed like any other business commodity. Obtaining a registered design is, therefore, the best strategy to safeguard the design right.

Before the filing of the application, photographs/drawings from different perspectives of the relevant product must be submitted together with the application form. After the filing of the application, the Designs Registry will examine the application. Once the application has been accepted, it will be published in the Gazette for public opposition. If there is no objection, the applicant will receive the Certificate of Registration. Registered design is protected regionally. Should you need to obtain protection for a particular region, you should obtain the registered design in that region. The protection period of a registered design varies from 10 to 25 years, depending on the country. For instance, a UK registered design lasts for 25 years (US - 14 years; PRC - 10 years), subject to the payment of renewal fees.

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3) Trademark Protection

A successful trademark can build up the proprietor's business and goodwill. It can attract profitable interest and help to promote the proprietor's business. In order to protect these intellectual property rights, the proprietor should register his trademark.

4) Intellectual Property Valuation Services

After the signing of the CEPA between Hong Kong & the Mainland, huge opportunities have open up for Hong Kong products in the Mainland market. How to enhance your brand name and brand building are important issues for your company. The IPSC works with professional parties to provide consultancy services in brand building, brand strategy etc. for your company.

5) Intellectual Property Valuation and value added Services

Even in the knowledge economy of today, many companies still ignore the value of their intellectual property. Our centre in collaboration with professional parties provides one-stop service to inventors and enterprises in evaluating their intellectual property.

In addition to services in patent, trademark, branding, trade secret and copyright, the IPSC also provides services in IP mining, IP development and in adding value to your intellectual property.