Hong Kong Patent Application

Applicant needs to file an application with the Patents Registry of the Intellectual Property Department. Applying for a patent elsewhere in the world or in other regions of China does not automatically give you protection in Hong Kong, China.

Registrar of Patents is responsible to examine the patent application, so as to ensure the application meets the requirement. It is noted that Patent Registry does not conduct substantive examination on inventions’ creativeness and novelty before 2020.

Patent Types

	Standard Patent	Short term Patent	Design Patent
Validity period	Maximum 20 years (Renew every year upon the due date of 3rd year)	Maximum 8 years (Renew upon 4 years after the submission date of application)	Maximum 25 years (Renew every 5 years)
Can I apply in Hong Kong?	Applicant was not able to apply standard patent directly in Hong Kong before 2020. HKIPD is commiting to reform the system in later 2019. Currently, there are 2 streams for applying standard patent. One of which comprises 2 stages for application: 1a) a request to record the designated patent application, when the CN, EP(UK) or UK published the patent application; 1b) a request for registration and grant in Hong Kong, when CN, EP(UK) or UK granted the patent. while another stream of applying standard patent would be introduced in 2020, that HKIPD shall be open to application of standard patent and conduct substantive examination for it, which goes in accordance to international norm.	The grant of a short-term patent in Hong Kong is based on a search report from an international searching authority or one of three designated patent offices. A short-term patent application in Hong Kong is made by filing a request for grant supported by the documents and information.	Applicant can submit application to Intellectual Property Department directly, provided he/she should prepare all the necessary documents, suitable line-drawings and precise abstract for the creation.
Application requirement	1. Patent Owner or 2. If applicant does not name in the designated patent application, he/she will need to file a statement and supporting documents (for example a copy of an assignment document) explaining the right to apply.	1. Patent Owner or 2. If applicant does not name in the designated patent application, he/she will need to file a statement and supporting documents (for example a copy of an assignment document) explaining the right to apply.	1. Patent Owner or 2. If applicant does not name in the designated patent application, he/she will need to file a statement and supporting documents (for example a copy of an assignment document) explaining the right to apply.