Patents in Hong Kong

There are two types of patent in the HKSAR

1. Standard Patent

2. Short-term Patent

Protection under Standard Patents is renewable annually for a maximum term of 20 years.

Protection under Short-term Patents is renewable after 4 years from filing, for a maximum term of 8 years.

Applying for a Standard Patent (20 years):

The grant of a standard patent in Hong Kong is based on the registration of a patent granted by one of three patent offices, called "Designated Patent Office"

1. The State Intellectual Property Office, People's Republic of China (SIPO)

2. The European Patent Office (EPO), in respect of a patent designating the United Kingdom.

3. The United Kingdom Patent Office (UKPTO).

A standard patent application in Hong Kong, China is made in two stages by filing
(1) A request to record the designated patent application, that is the Chinese, European Patent (UK designated) or UK published patent application. Within 6 months after the date of publication of corresponding application in a designated patent office.

(2) A request for registration and grant in Hong Kong, China of the Chinese, European Patent (UK designated) or UK granted patent. Within 6 months after the date of grant of the designated patent by the designated patent office or publication of the request to record in HK, whichever is later.
 

Applying for a Short-term Patent (8 years):

The grant of a Short-term patent in Hong Kong is based on a Search Report from an International Searching Authority from one of the 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 listed in subsequent paragraphs below.

1. Invention Title in English and Chinese

2. Applicantīs name and address

3. Inventorīs name and address

4. Technical  Specifications

5. Abstract of the Invention in both English and Chinese

6. Search report

7. Statement on Patents Form (P6A), if applicant is not the inventor.

8. Statement of priority and priority documents

9. If non-prejudicial disclosure is claimed, a statement and written evidence to support the claim.

10. An address for service in Hong Kong

11. English and Chinese translations of information and documents as required.

Approximate Patent Application processing time: 1 years.

Member of the Paris Convention: Yes

Member of the PCT: Yes

Hong Kong Patent Office: Hong Kong Special Administrative Region Government Intellectual Property Department (HKSAR IPD)

Design Protection Time: 25 years