• Patent fees

Fees associated with filing Hong Kong patent applications based on designated applications that have entered PCT national phase, as well as other patent fees, are available in the fee calculator.

• The term for filing a patent application based on a designated application that has entered PCT national phase

A Hong Kong standard patent can be registered based on an application that has entered PCT national phase in China, UK or EPO designating the UK. A request to record should be filed within 6 months after the date of publication of the national application by the designated patent offices (CNIPA, UKIPO, EPO). Said term is non-extendable. Additionally, an applicant has to file a request for registration and grant within six months after the publication of the request to record and the date of grant by the designated patent offices, whichever is later.

• Filing requirements for request to record (stage 1) and request for registration and grant (stage 2) in Hong Kong

Registration of a Hong Kong standard patent application based on a designated application that has entered PCT national phase consists of two stages.

Required documents for the first stage:
- request for record;
- a copy of the international application as published by the International Bureau;
- a copy of the designated patent application as published;
- title and abstract of the invention in Chinese and English;
- information about the applicant(s) and the inventor(s);
- a 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;
- priority data if priority is claimed.

For the second stage, a standard patent application must comprise:
- a request for registration and grant;
- title of the invention in Chinese and English;
- a copy of the specification of the granted patent published by the designated patent office;
- a statement indicating the derivation of the applicant’s right to request registration and the prescribed documents supporting that statement if the applicant is not the same as the one recorded in the register.

• Language of the Hong Kong patent application

A standard patent application based on a designated application that has entered PCT national phase must be filed in one of the official languages, i.e. English or Chinese. A translation of the application into the official language should be submitted simultaneously with filing. However, the title of the invention and abstract should be provided in both languages, i.e. English and Chinese.

• Declaration of inventorship

No statement indicating the applicant’s entitlement to apply for a patent or other document confirming the entitlement is required for filing a Hong Kong patent application based on a designated application that has entered PCT national phase.

• Power of Attorney requirements

No Power of Attorney is required for filing a Hong Kong patent application based on a designated application that has entered PCT national phase.

• Substantive examination request

The Hong Kong Intellectual Property Department (HKIPD) does not conduct substantive search and examination of the novelty or inventiveness of invention.

• Grant and maintenance fees

When the formal examination procedure is successfully completed, the IPD grants a standard patent for the invention, publishes details of the granted patent and issues a notice in the Hong Kong Intellectual Property Journal. If a request for registration and grant is not filed within five years from publication of the request to record, the applicant shall pay maintenance fee annually to keep the application in force until the request for grant and registration is filed. 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.

• Representation by a patent attorney

Foreign applicants should perform the patent prosecution in the Hong Kong through an agent, the registered Hong Kong patent attorney.

• Notes

1. Online Database for Hong Kong Patents Search.
2. Inventions may also be protected as short-term patents in Hong Kong. Short-term patent is a way to protect inventions with a shorter validity term (8 years in total). Applicant may file a short-term patent application claiming priority of the international application within 12 months after the international application is filed. Where an international application seeking a patent for invention or a patent for a utility model and designating China has entered its national phase in China, the applicant in the international application may apply for a short-term patent for the invention (if any) disclosed in that application within six months after the international application has entered its national phase in China, or within six months after the CNIPA issues a national application notification. A short-term patent application can include up to two independent claims.

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