The Bill proposes a two stage re-registration process:
Within six months from the date of publication of the designated patent application, a corresponding application ('Request to Record') must be filed in Hong Kong with supporting documentation including a copy of the designated patent application, and other relevant information, such as details of any previous non-prejudicial disclosure, statement of the applicant's entitlement, etc.
Within six months of the Registration and Grant of the designated patent, a further application must be filed ('Request for Grant') to grant the equivalent Standard Patent in Hong Kong. The Registry will then issue a certificate to the proprietor and advertise the grant.
The documentation may be filed in either English or Chinese, except for the title and abstract which must be in both languages. The language in which the Requests are filed will then normally be the language of all proceedings in respect of the patent or application.
Once registered, the Standard Patent will remain in force for up to 20 years from the deemed date of filing of the patent application (ie. the date of filing of the corresponding designated patent application). Renewal fees must be paid annually once the Standard Patent has been in force for three years.
Maintenance fees must also be paid on an annual basis for applications once these have been pending for five years or more.
Further information on the above may be obtained via Linklaters & Paines Hong Kong office or via any of the other nine Linklaters & Paines offices world-wide, located in Singapore, Tokyo, London, Brussels, Paris, Frankfurt, New York, Washington D.C. and Moscow. Contact details for the various L&P offices worldwide are available via the Linklaters & Paines corporate listing c/o Business Monitor Online - http://www.businessmonitor.co.uk
c Linklaters & Paines 1997 - Tel +852 2842 4888