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GUIDE TO THE SPECIFIC REQUIREMENTS FOR FILING PATENT APPLICATION IN USA, CANADA, JAPAN, AND/OR IN HONG KONG etc.
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. 

   

 

   

FAQs — PATENTs

What's Intellectual Property?

What's a Patent under Chinese Patent Law?

How is a  Patent for Invention/Utility Model/Industrial Design Granted in China?

What Are Requirements for Filing a Patent Application in China?

How to Filing PCT Application for National Phase into China within 30 months?

Learn More...

FAQs — TRADEMARKs

What's a Trademark under Chinese Trademark Law?

How is a Trademark  Registered in China?

What are the documents and information required for an application for a trademark registration in China?
Who can file an opposition against a trademark that has been preliminarily approved and published in Chinese Trademark Gazette?
Intellectual Property Rights Protection in Hong Kong

Learn More...

Now Click Here to contact our Chinese specialized patent attorneys and trademark  professionals for your intellectual property issues in China

 

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