CityU HK Tech 300 Webinar – Intellectual Property & Startup

City HK Tech 300 webinar named “Intellectual Property & Startup” was held on 29^th May 2021.  Mr. Frederick Kwok, Mr. Steven Fung and Mr. Raymond Chan are invited guests for this talk and Dr. Victor Lau is moderator. 

Mr. Frederick Kwok (Senior Solicitor, IPD, HKSAR Government) was the first speaker and he introduced what is intellectual property that including Patent, Trademark, Registered Design and Copyright.

Then he briefed there are three types of patent including Standard Patent (Original Grant), Standard Patent (Re-registration) and Short-term Patent.  Their protection year, direct filling and substantive examination were different.  He also explained the patentability which depended on Novelty, Inventive Step, Susceptible of Industrial Application and Not under Excluded Categories.

And then he mentioned the procedure of Standard Patent (Original Grant), Standard Patent (Re-registration) and Short-term Patent. The standard 5 steps are “Filling of application”, “Formality examination”, “Publication”, “Substantive examination” and “Grant of patent”. 

Finally, Mr. Kwok stated Trade Mark which is a sign that distinguishes the goods and services of one trader from those of others (10 years).  Registered Design included features of shape, configuration, pattern or ornament applied to an article by any industrial process (25 years, renew every 5 years). And Copyright that protect form of expression but not ideas.  Lastly, he briefed the service of IP department (IPD) and shared some resource links.

Mr. Steven Fung (Partner, Marks & Clerk Hong Kong) was the second speaker.  He then gave an overview on “Types of IP”, “IP Systems Mechanics”, “Recognizing IP in your business” and “Steps for the Entrepreneur”.

Some examples for types of IP were discussed.

Then he introduced the IP system mechanics including Jurisdiction Based and Multi Stage Process.  And then he asked questions to recognizing IP in our business such as “What do you have?”, “Is this of Value?” and “Would I be OK if everyone else had it too?”  Mr. Fung then gave a tip that “Recognizing IP is always about the commercial outcome. Let your Attorneys worry about the logistics.”

There are four steps for the entrepreneur on IP as follows: Am I infringing? Regular IP audit, Capture the IP and Realizing Value of IP.

Finally, he mentioned different patent application grant (PAG) and also gave some more tips below.

-          IP needs to be captured ASAP, often before it is disclosed.

-          Take Advantage of the “Delays” afforded by the systems.

-          Periodic Review and Follow up.

-          Don’t get held up by Infringement / Capturing IP.

-          Government Funding is available in Hong Kong.

Q&A Session was at the end.

Reference:

CityU HK TECH 300 - https://www.cityu.edu.hk/hktech300/

Knowledge Transfer Office (KTO) - http://www.cityu.edu.hk/kto/

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