What are the different types of IP?
ORKTS helps CUHK researchers to protect and commercialize their research output based on its nature. The most common form of protection for inventions are patents and copyrights.
Patents
A patent protects an invention and grants the inventor(s) the rights to exclude others from using the invention for a limited period of time, usually 20 years from the date of first filing.
To obtain patent protection, inventor(s) needs to file a patent application with the Patent Office of a particular jurisdiction of interest. The application must satisfy the patentability requirements and overcome any rejection raised by the examiner. In most countries, the patent laws would require an invention to be novel, inventive (unobvious), industrial applicable (usefulness), and fall within the scope of patentable subject matter.
To initiate the patent filing at CUHK, please refer to Q14 “How ORKTS can help with my patent filing?” for further details.
Copyrights
A copyright protects literary and artistic works, including writings, music, and works of the fine arts, such as paintings and sculptures, and technology-based works such as computer programs and electronic databases.
Copyrights protect the expression of an idea but not the idea itself. Unlike patents in most countries, there is no need to file any application or to go through any registration before a piece of work could enjoy copyright protection. In Hong Kong, copyright is an automatic right and it arises when the work is created. In some countries, e.g. the United States and Mainland China, registration of copyright is availabel. To be protected by copyright, the work must be original. Nevertheless, the definition of original varies from country to country, and it is often determined by case law in common law countries.
ORKTS will record a to be licensed research output with a Copyright and Software Disclosure Form. Colleague who has copyright protectable research output that is expected to be licensed-out could contact the IP and Technology Licensing Team (IPTL Team) to obtain a Copyright and Software Disclosure Form to initiate the process.
Other types of Intellectual Property include Trademark, Registered Design, and Trade Secret, Protection of Layout-Design (Topography) of Integrated Circuits and Plant Varieties Protection, which are all recognized by Hong Kong laws. To know more about other types of Intellectual Property, plesae contact the IPTL Team as to which type of Intellectual Property protection is suitable for your research output. Alternatively, you may visit the website of Hong Kong Intellectual Property Department at http://www.ipd.gov.hk/eng/intellectual_property.htm for more information.