Points of Concern For Short-term Patents

Source: CtR Intellectual Property Co.

Short-term patents are also designed to provide protection for inventors and their inventions against possible unauthorized use of their products and/or processes. Keep in mind that their application in one of the designated patent offices can be problematic, not because of bureaucratic inefficiency but, more often than not, because of the complexity of the processes and papers required.

With that in mind, here are a few important points to consider before filing your short-term patents application in Hong Kong.

Hiring an Agent

Of course, filing a patent application can be done without an agent or a lawyer acting in behalf of the applicant. The do-it-yourself approach can yield effective and efficient results since the State Intellectual Property Office, one of three designated patent offices in Hong Kong, provides guidance on the process and papers required.

But there are also numerous benefits in appointing a Hong Kong patent agent to handle the Hong Kong patent application. For one thing, the agent can deal with the nitty-gritty details of the patent application, especially the parts that require technical and legal proficiency. The applicant then can concentrate on polishing the patent, so to speak, such that it may have commercial uses and possibly bring in a profit.

For another thing, the agent has the knowledge, skills and connections to facilitate the approval of the designated patent application. The connections are crucial in technical areas like drafting the patent documents – drafting is a highly technical skill that not many inventors possess.

Applicants are well-advised to research into the credentials of the agents, nonetheless. Looking into the agents’ backgrounds, track record, and expertise is a must, especially in high-stakes technology patents. The agent can file the patent in behalf of the applicant but the latter must have a valid address in Hong Kong for the service of documents.

The appointed patent agent should notify the Registrar of the address in Hong Kong where he either resides or conducts business activities. In fact, the applicant should ideally make it a point to visit the agent’s office as part of the background check.

Determining Uniqueness of Invention

Keep in mind that the patent being applied for should be unique, a task that can be carried out through the Internet. The Intellectual Property Department provides the general public with an online search system where anybody can search for both patents granted and published patent applications. The Hong Kong Intellectual Property Journal also contains the information and, in fact, the request for patent applications are first published here.

The applicant can determine whether a prior art has similarities or sameness as the planned patent application. Keep in mind that patent offices in Hong Kong and in other countries and territories have specific guidelines regarding uniqueness and novelty, and these guidelines can be overwhelming. This is where the usefulness of a Hong Kong patent agent come in.

Source: CtR Intellectual Property Co.