Hong Kong
In Hong Kong, there is no regulation on the profession of patent attorneys or agents. The main reason is because Hong Kong does not have a standard patent (20 years) original grant system. Currently Hong Kong recognizes standard patents or patents for invention registered and granted in the People's Republic of China, European Patent Office (designated UK), or United Kingdom. These patents can be re-registered in Hong Kong without examination within a prescribed period. On October 4, 2011, the Hong Kong SAR Government published a Consultation Paper on Review of the Patent System in Hong Kong. Under Chapter 3 of the Consultation Paper, the question on the regulation of Patent Agency Services in Hong Kong was raised. Currently, there are two self-regulated professional bodies representing the patent attorneys in Hong Kong:
(1) Asian Patent Attorneys Association Hong Kong ("APAAHK")
APAAHK was formed as a regional group of the Asian Patent Attorneys Association ("APAA") based in Japan. Members of APAAHK mainly consists of intellectual property lawyers and recognized foreign patent attorneys. Every year they participate in an Annual Council Meeting hosted by one of the regional groups of the APAA. The event is a very good social networking opportunity for the patent attorneys in the region. However APAAHK does not carry out the functions of training and certifying its members.
(2) Hong Kong Institute of Patent Attorneys ("HKIPA")
HKIPA was formed immediately after the Chief Executive of Hong Kong SAR announced the six advantageous industries in his Policy Address 2009-2010, namely Innovation and Technology, Testing and Certification, Creative and Cultural Industries, Environmental Industries, Medical Services and Education Services. These six industries were also being written down in the 12th Five Years Plan of the People's Republic of China as part of the National Strategy for Hong Kong. Similar to APAAHK, members of HKIPA mainly consists of intellectual property lawyers and foreign patent attorneys. In fact there are many common members between the two bodies. The only difference is that HKIPA carries out the functions of training and certifying its members. Qualified members are being designated as "Registered Patent Attorneys (HK)" for lawyers, "Registered Patent Agents (HK)" for non-lawyers and "Registered Patent Engineers" for engineers. The training and examination programme is being conducted in co-operation with the Faculty of Science, University of Warwick, UK. Since 2009, the HKIPA has been lobbying the Hong Kong SAR Government to reform the current patent system and the regulation of patent practitioners. The proposal was being discussed in the Legislative Council of Hong Kong SAR. On 4 October 2011, the Government of Hong Kong SAR published a "Public Consultation on the Review of the Patent System in Hong Kong". On 10 November 2011, the HKIPA has entered into a MOU with the Netherlands Institute of Patent Attorneys.
The training and examination programme of HKIPA consists of ten papers:
Level 1: Certificate in IP Law and Practice (“CIPL”):
Module 1: International Patent Law and Trade Secrets;
Module 2: Patent, Design and Copyright Law;
Module 3: International Trade Mark Law; and
Module 4: Trade Mark Law and Passing Off.
Level 2: Postgraduate Award in International Technology Management (“PGA”):
Module 5: International Patent Fundamentals;
Module 6: Fundamentals of Patent Drafting; and
Module 7: Product Design and Development Management.
Level 3: Advanced Diploma in International Technology Management ("ADITM"):
Modules 5, 6 and 7 of PGA plus
Module 8: Patent Practice;
Module 9: Patent Amendment and Official Actions; and
Module 10: Patent Infringement, Validity and Opposition.
Master of Science from University of Warwick:
- PGA + 6 modules + project
Read more about this topic: Patent Attorney, Qualification Regimes