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Hong Kong Patent System
- New Application
【Type】
Original Granted Patent (Standard Patent (O))
【Duration】
20 years from the filing date
【Filing Requirements】
To obtain a Standard Patent (O), a patent application can be filed directly at the Hong Kong Patents Registry.
Applicant must submit a request for substantive examination to the Hong Kong Patents Registry within three years from the filing date of their standard patent (O) application or the earliest claimed priority date (if applicable), otherwise the patent application will be deemed withdrawn.
【Language of Proceedings】
Chinese or English
【Required Information and Documents】
Applicant’s name and address;
The type of applicant (individual, incorporated entity or unincorporated entity); if the applicant is a corporation, the country/region of incorporation must be indicated; if the corporation is incorporated in the United States, please provide the state of incorporation;
Inventor’s name and address;
If the applicant is not the same entity as the inventor, a statement explaining the applicant’s right to apply with supporting document (for example a copy of an assignment) is required;
The title of the invention in both Chinese and English;
An abstract in both Chinese and English;
A copy of specification in either Chinese or English together with corresponding drawings (if available);
A set of claims in either Chinese or English;
If priority is claimed, country or region, application number and date on which the priority application is filed are required to state. A certified copy of the priority application document is required to submit to the Patents Registry. If the text of the certified priority application is not in Chinese or English, an additional Chinese or English sworn translation (A sworn translation is a document that has been signed and sealed by an authorized (sworn) translator.) is required to provide.
- Renewal
【Renewal】
Renewal fee must be paid annually after the expiry of the 3rd year from the anniversary of the deemed filing date (same as the filing date of the designated patent application) first occurring after the date of the registration and grant. The patent can be renewed up to 20 years.
- New Application
【Type】
Standard Patent (R)
【Duration】
20 years from the deemed filing date
【Filing Requirements】
- To obtain a standard patent (R), a patent application (called “designated patent application”) must first be filed at either one of the following designated Patent Offices:
- the China National Intellectual Property Administration in Mainland China
- the European Patent Office (designating the United Kingdom)
- the United Kingdom Patent Office
- There are two stage applications must be filed with the Hong Kong Patents Registry:
A Request to Record (stage 1) must be filed within six months after the publication of the designated patent application in the designated patent office.
A Request for Registration and Grant (stage 2) must be filed within six months after publication of the request to record in Hong Kong, or the grant of the designated patent by the designated patent office, whichever is the latest.
【Language of Proceedings】
Chinese or English
【Required Information and Documents】
Applicant’s name and address;
- Inventor’s name;
- The title of the invention in both Chinese and English;
- An abstract in both Chinese and English;
- A copy of the designated patent publication;
- If priority is claimed, country or region, application number and date on which the priority application is filed are required to state (if applicable);
- If the applicant is not the same applicant as named in the designated patent application, a statement explaining the applicant’s right to apply with supporting document (for example a copy of an assignment) is required.
- Renewal
【Maintaining a Standard Patent Application】
Maintenance fee must be paid while the designated patent application is pending and said fee is payable annually after the expiry of the 5th year from the anniversary of the deemed filing date (same as the filing date of the designated patent application) first occurring after the date of publishing the request to record (Stage 1). The patent application can be maintained until the Request for Registration and Grant (Stage 2) is filed or up to its maximum term of 20 years.
【Renewing a Standard Patent】
Renewal fee must be paid annually after the expiry of the 3rd year from the anniversary of the deemed filing date (same as the filing date of the designated patent application) first occurring after the date of publishing the request for registration and grant (Stage 2). The patent can be renewed up to its maximum term of 20 years
- New Application
【Type】
Short-term Patent
【Duration】
8 years from the filing date
【Filing Requirements】
An application can be filed directly at the Hong Kong Patents Registry. No official search and substantive examination will be conducted during the prosecution. The patent application will be granted after passing a formality examination. The specification shall contain one or more claims but not exceeding two independent claims.
A search report prepared by the prescribed search authority must be filed with the Patents Registry within the prescribed period before the grant of the short-term patent right.
The proprietor of a short-term patent or a third party with reasonable grounds or a legitimate commercial interest may request the Registrar of Patents to conduct a substantive examination of the patent as a precondition for the commencement of enforcement proceedings. This mechanism prevents abuse of the short-term patent system while maintaining the overall cost-effectiveness of seeking short-term patent protection in Hong Kong.
【Language of Proceedings】
Chinese or English
【Required Information and Documents】
Applicant’s name and address;
Inventor’s name and address;
A copy of specification in either Chinese or English together with corresponding drawings (if available);
Title of the invention in both Chinese and English;
An abstract in both Chinese and English;
An original (or certified copy) of search report made by one of the international searching authorities under Article 16 of Patent Co-operation Treaty (i.e. China Patent Office, European Patent Office, or United Kingdom Patent Office);
If the applicant is not the same applicant as named in the priority patent application, a statement explaining the applicant’s right to apply with supporting document (for example a copy of an assignment) is required;
If priority is claimed, country or region, application number and date on which the priority application is filed are required to state. A certified copy of the priority application document is required to submit to the Patents Registry. If the text of the certified priority application is not in Chinese or English, an additional Chinese or English sworn translation (A sworn translation is a document that has been signed and sealed by an authorized (sworn) translator.) is required to provide.
- Renewal
【Renewal】
Renewal fee is payable three months before the expiry of the fourth year from the filing date for an extended period of four years. The patent can be renewed up to 8 years.
- New Application
【Type】
Design Registration
【Duration】
25 years from the filing date
【Filing Requirements】
An application may include one or more designs, but the articles of such designs must be of the same kind or the same set of articles as prescribed by the Locarno Classification.
Multiple designs application or a set application are allowable in Hong Kong which enjoy a reduced fee.
A set application contains two or more articles of the same or similar designs and of the same general character that are usually sold together or are intended to be used together for a set
If the applicant requests that the design is associated to other prior designs under section 11 of the Designs Ordinance, the application/registration number of the associated design and its filing date must be stated. Once the earlier application associated to the design lapses, the subsequent associated designs will also lapse. In other words, the validity of the associated designs depends on the validity of its earlier application.
If a divisional design application is separated from an earlier application under section 22 of the Designs Ordinance, the number of the original design application and its filing date must be stated.
【Language of Proceedings】
Chinese or English
【Required Information and Documents】
Applicant’s name and address;
A clear copy of drawings or photographic representations of the article;
Title of the designs in both Chinese and English;
A statement of the features of the design for which novelty is claimed;
Classification of the articles according to the Locarno Classification;
If applicant is not the designer, details of the instrument, or events by which the applicant acquired the right to make the application (e.g. by employment or assignment) is required;
If convention priority is claimed, country or region, application number and date on which the priority application is filed are required to state. A certified copy of the priority application document is required to submit to the Patents Registry. If the text of the certified priority application is not in Chinese or English, an additional Chinese or English sworn translation (a sworn translation is a document that has been signed and sealed by an authorized or sworn translator) is required;
- If the applicant claims that the design in the application has been disclosed without prejudice within 6 months before the filing date, the applicant must make a statement of non-prejudicial disclosure and submit relevant documentary evidence in accordance with the Designs Ordinance and Rules.
- Renewal
【Renewal】
Renewal fee is payable by the end of each five years protection period. The design registration can be renewed up to 25 years.
The earlier application of an associated design must be renewed and remains in force in the Designs Register before renewing the associated design.
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