Fees associated with filing patent applications in Hong Kong, as well as other patent fees, are available in the fee calculator.
The patent application procedure in Hong Kong consists of two stages. To obtain a patent in Hong Kong, an applicant is required to file an application with one of the three designated patent offices (i.e. National Intellectual Property Administration, P.R.C. (CNIPA), United Kingdom Intellectual Property Office (UKIPO), or European Patent Office (EPO) designating the United Kingdom) and then file a request to record in Hong Kong within 6 months after publication of the designated application by the designated patent office. Said term is non-extendable. Additionally, the applicant should file a request for grant within 6 months after publication of the request to record or the grant of the designated patent by the designated patent office, whichever is later.
As of December 19, 2019, it is possible to file patent applications in Hong Kong directly via the Original Patent Grant System without prior filing in China, the UK or the EPO designating the UK.
Required documents for the first stage:
- request to record;
- applicant’s and inventor’s details;
- copy of the published designated patent application;
- title and abstract of the invention in Chinese and English;
- priority data, if the priority is claimed;
- statement explaining the entitlement to apply for the grant of a standard patent and the prescribed documents supporting that statement if the applicant is not the same as the one in the designated application.
For the second stage, a standard patent application must comprise:
- request for registration and grant;
- copy of published specification of the designated patent;
- title of the invention in Chinese and English;
- statement explaining the entitlement to apply for the grant of a standard patent and the prescribed documents supporting that statement if the applicant is not same as the one recorded in the register.
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Filing requirements for a standard patent application (Original Patent Grant System)
To obtain the filing date, it is necessary to provide the Hong Kong Patent Office with:
- request to grant a patent;
- applicant’s and inventor's details;
- a description of the invention, the set of claims, abstract, the figure accompanying the abstract;
- drawings, if any;
- priority data, if the priority is claimed;
- payment of the filing and publication fee.
A Hong Kong patent application must be filed in one of the official languages, i.e. English or Chinese. However, the title of the invention together with the abstract has to be provided in English and Chinese. The translation of the title of the invention and/or the abstract into the official language can be filed at a later stage with additional attorney fee.
If the applicant is not the inventor, a Hong Kong original grant standard patent application should include a statement indicating the applicant’s entitlement to apply for a patent.
No Power of Attorney is required for filing a patent application in Hong Kong.
Re-registration patent system: The Hong Kong Intellectual Property Department (IPD) does not conduct substantive examination of the novelty or inventiveness of an invention filed via the re-registration system.
Original grant patent system: Applications for standard patents filed via the Original Patent Grant System are formally and substantively examined by the Hong Kong Patent Office. The substantive examination should be requested within 3 years after the filing date of the application or the earliest priority date (if applicable).
Original Patent System: Standard Patent Applications (Original Patents) are granted upon successful completion of the substantive examination and valid for 20 years as of the filing date. The first renewal fee is payable 3 years from the anniversary of the filing date first occurring after the grant of the Hong Kong patent, and subsequent renewal fees are payable annually thereafter throughout the patent term.
Re-registration system: When the formal examination procedure is successfully completed, the IPD grants a standard patent for an invention, publishes details of the granted patent and issues a notice in the Hong Kong Intellectual Property Journal.
The first renewal fee is payable 3 years from the anniversary of the designated application date first occurring after the grant of the Hong Kong patent, and subsequent renewal fees are payable annually thereafter throughout the patent term.
However, if a standard patent has not been granted within five years from the filing date of the designated application occurring after the publication of the Hong Kong standard patent application, the applicant shall pay maintenance fee annually starting from the 6th year to keep the application in force until a request for registration and grant is filed. Subsequent renewal fees are payable annually thereafter throughout the patent term.
Foreign applicants should perform patent prosecution in Hong Kong through an agent, a registered Hong Kong patent attorney.
1. Online Database for Hong Kong Patents Search.
2. Inventions may also be protected as short-term patents in Hong Kong. A short-term patent is a way to protect invention with a shorter validity term (8 years in total). A short-term patent application can be filed directly with Hong Kong IPD. The grant of a short-term patent in Hong Kong is based on a search report from an international searching authority or one of the three designated patent offices (CNIPA, UKIPO, EPO designating UK). A short-term patent application may include up to two independent claim.
The information was verified by BARRON & YOUNG INTELLECTUAL PROPERTY on 07.02.2024
Please contact us if the above information is not in conformity with Hong Kong IP Laws