|
|
|
|
Intellectual Property Links |
|
► Fax:
+86 20 37884462 |
|
|
|
|
|
|
Currently, China Intellectual Property Agency
(H.K.) has established cooperation in Intellectual Property
field with many patent and trademark service-related firms all
around the world. Our
attorneys or agents are committed to helping establish, maintain
and protect our clients' Intellectual Property rights by
providing the expertise to reach practical and cost-effective
solutions,regularly preparing and filing national patent
applications in the corresponding patent receiving office in
foreign countries or regions including the United States of
America, Canada, Hong Kong, or Japan, etc. thus enabling our
clients to obtain global protection of their patents. |
|
|
|
|
►
Contact us to file a U.S.A
Patent |
|
|
A patent
for an invention is the grant of a property right to the
inventor, issued by the United States Patent and Trademark
Office. Generally, the term of a new patent is 20 years from the
date on which the application for the patent was filed in the
United States or, in special cases, from the date an earlier
related application was filed, subject to the payment of
maintenance fees. U.S. patent grants are effective only within
the United States, U.S. territories, and U.S. possessions. Under
certain circumstances, patent term extensions or adjustments may
be available. |
|
The right
conferred by the patent grant is, in the language of the statute
and of the grant itself, “the right to exclude others from
making, using, offering for sale, or selling” the invention in
the United States or “importing” the invention into the United
States. What is granted is not the right to make, use, offer for
sale, sell or import, but the right to exclude others from
making, using, offering for sale, selling or importing the
invention. Once a patent is issued, the patentee must enforce
the patent without aid of the USPTO. There are three types of
patents:
►
Utility patents may be granted to
anyone who invents or discovers any new and useful process,
machine, article of manufacture, or composition of matter, or
any new and useful improvement thereof;
►
Design patents may be granted to
anyone who invents a new, original, and ornamental design for an
article of manufacture; and
►
Plant patents may be granted to
anyone who invents or discovers and asexually reproduces any
distinct and new variety of plant. |
|
|
|
►
Contact us to file a
Canadian
Patent |
|
|
In Canada, patents are given
to the first inventor to file an application. Therefore,
it's wise to file as soon as possible after completing your
invention, in case someone else is on a similar track.
Patents are government grants
that give inventors exclusive rights to their inventions.
Patent protection applies in the country that issues the
patent. In Canada, this protection extends for 20 years from
the date of filing. Patents are granted for products or
processes that are new, workable and ingenious (novel,
useful and inventive). In this way, patents serve as a
reward for ingenuity. The life of a patent in
Canada is 20 years from the date the application was
first filed. Payment of maintenance fees throughout the life
of the patent is also required to keep it in force. |
|
A patent application must include: a
petition, a description of the invention, an abstract, a claim
or claim(s), any drawing referred to in the description and the
filing fee. |
|
|
|
►
Contact us to file a
Hong Kong
Patent |
|
A patent protects your invention by
giving you, the patent owner, a legal right to prevent others
from manufacturing, using, selling or importing your patented
invention. There are two
types of patent in the HKSAR: Standard Patent and Short-term
Patent.
Protection under standard patents
is renewable annually for a maximum term of 20 years. Protection
under short-term patents is renewable after four years from
filing, for a maximum term of eight years. |
|
|
|
►
Contact us to file a
Japanese
Patent |
|
In order to obtain a patent
right, one must apply to the Japanese Patent Office and
go through an examination to determine whether the
application fulfills all the necessary requirements.
The JPO, which examines all applications from around the
nation, takes precautionary measures before ultimately
granting any patent right. These involve a
back-and-forth with the applicant to determine which
claims, if any, are entitled to be patented.
An applicant desiring patent rights is required to
submit the required documents including Request,
Specification, Necessary drawings, and Abstract etc.
The term of the patent right
is 20 years from the filing date of the patent
application, though a patent right shall come into force
upon registration of its establishment.No renewal of the
patent right is possible. The term of the utility model
right is 6 years from the filing date of the utility
model application, though a utility model right shall
come into force upon registration of its
establishment. No renewal of the utility model right is
possible. The term of a design right shall expire 15
years from the date of registration of its
establishment. No renewal of the design right is
possible.
As an exception, the term
of the patent right may be extended by a period not
exceeding 5 years, if it was not possible to work the
patented invention because of the necessity of obtaining
an approval or other disposition which is governed by
provisions in laws such as the Pharmaceutical Affairs
Law and the Agricultural Chemicals Regulation Law. |
|
|
|
|
|
|