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Patent Application in Hong Kong

    Application for a standard patent in Hong Kong must be made based on the patent registration approved by a designated foreign patent office or the State Intellectual Property Office of the P.R.C. Meanwhile, the Hong Kong Intellectual Property Department has established both short-term patent and appearance design patent systems, to protect the appearance design patents of those inventions and various products only with short-term commercial value.

Types of Application

  • Standard Patent
    No application may be made for a standard patent directly in Hong Kong, and such application must be made in two stages:
    • Stage 1: Submission of a Stage 1 application to the Hong Kong Intellectual Property Department within 6 months upon the receipt of a formal examination notice after the submission of an application to the State Intellectual Property Office of the P.R.C, European Patent Office or UK Patent Office.
    • Stage 2: Submission of a Stage 2 application to the Hong Kong Intellectual Property Department within 6 months upon the receipt of the authorization notice from China, Europe or UK.
  • Short-term Patent
    A short-term patent may be applied directly in Hong Kong on the condition that a search report issued by one of the following authorities must be submitted together with the application:
    • State Intellectual Property Office of the P.R.C
    • European Patent Office
    • UK Patent Office
    • Any international searching authority (Such as: the United States, Japan, South Korea and Spain) appointed in the "Patent Cooperation Treaty"
  • Registration of Design
    • Once the Registration of design is granted, the owner has the right to prohibit the others from making, inputting, using, selling or renting his/her registered product. Registration of an appearance design protects the shapes, decoration and visual aesthetic feeling of a new design, but not including its functions and the method of usage.
    • Registration may be applied for the appearance designs of various kinds of products, such as computers, telephones, textiles, jewelry, watches, etc.

Required Documents and Information and Term of Validity

Type Required Documents and Information Term of Validity Notes
Standard Patent
  • Chinese and English names of the invention
  • Name and address of the applicant
  • Name and address of the inventor
  • Patent documents
  • Abstract in Chinese and English version
  • Copy of the letter of publication of the application
  • Chinese and English translations of relevant materials and documents
Renewable each year upon the end of the third year of the granted up to 20 years No application made directly in Hong Kong. A submission of application to the Hong Kong Intellectual Property Department within 6 months upon the receipt of an authorization notice from China, Europe or UK
Short-term Patent
  • Chinese and English names of the invention
  • Name and address of the applicant
  • Name and address of the inventor
  • Patent documents
  • Search report
  • Abstract in Chinese and English version
Renewable (5th -8thyears) upon the end of the fourth years from the submission date of the application up to 8years Application allowed to be filed directly in Hong Kong with the submission of a search report issued by one of the following authorities :
  • State Intellectual Property Office of the P.R.C
  • European Patent Office
  • UK Patent Office
  • Any international searching authority (Such as: the United States, Japan, South Korea and Spain) appointed in the "Patent Cooperation Treaty"
Registration of Design
  • Chinese and English name of the design
  • Name and address of the applicant
  • Name and address of the designer
  • Drawings of the designed product
  • Brief description of the appearance design
Renewable every 5 years up to 25 years Application directly filed in Hong Kong
Notes: the patent documents include:
  • Claim: it is the most important document among the patent documents and it describes the protection scope of the patented technology
  • Abstract: it provides the outline of the key technical aspect of the patent
  • Specification: it provides written details and features of the patented technology
  • Drawings: it illustrates structures and details of the patent by drawings

Application for Government Grant

Hong Kong Innovation and Technology Commission promotes a “Hong Kong Patent Application Grant”, the Grant is a funding scheme to assist local companies and individuals to apply for patents of their own inventions and utility models. For an approved application, the applicant will be granted an amount of up to HK$150,000.

If you want to apply for this scheme, please contact us immediately. We will assist you in the preparation for the documents and materials for the application and provide you with free consultation services so as to help you successfully apply for the grant from the Hong Kong Government.
 

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