Patent application process in Hong Kong, China

Patent Trademark

Hong Kong has been a Chinese territory since ancient times. Since the Qin and Han Dynasties, it has been under the jurisdiction of Panyu County, Bao'an County, Dongguan County, and Xin'an County. After the Opium War in 1840, Britain occupied Hong Kong Island. After that, through three unequal treaties, namely the Treaty of Nanjing (1842), the Treaty of BeRead more

Hong Kong has been a Chinese territory since ancient times. Since the Qin and Han Dynasties, it has been under the jurisdiction of Panyu County, Bao'an County, Dongguan County, and Xin'an County. After the Opium War in 1840, Britain occupied Hong Kong Island. After that, through three unequal treaties, namely the Treaty of Nanjing (1842), the Treaty of Beijing (1860), and the Convention for the Extension of Hong Kong Territory (1898), Hong Kong Island, Kowloon, and the New Territories were successively "ceded" or "leased" to Britain.

After the founding of New China, our government's basic position on the Hong Kong issue is: Hong Kong is Chinese territory, and we do not recognize the three unequal treaties imposed by imperialism; this historical issue will be resolved peacefully through negotiations when conditions are ripe; and the status quo will be maintained until it is resolved.

In the early 1980s, the issue of Hong Kong was put on the agenda. Under the guidance of the "one country, two systems" policy proposed by Comrade Deng Xiaoping, the Chinese government began negotiations with the British government on the issue of Hong Kong in September 1982. On December 19, 1984, the Chinese and British governments formally signed the Joint Declaration on the Question of Hong Kong. On April 4, 1990, the Third Session of the Seventh National People's Congress adopted the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China.

On July 1, 1997, the Chinese government resumed the exercise of sovereignty over Hong Kong, and the Hong Kong Special Administrative Region of the People's Republic of China was formally established.

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Filing Language
Chinese
English

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Hong Kong Intellectual Property Department

Website: Intellectual Property Department - Overview of Intellectual Property (ipd.gov.hk)

Hong Kong Patent Search: Patent Search (ipd.gov.hk)

Submission language: Chinese/English

Route 1: Transcription of standard patents Route 2: Original Grant Standard Patent Route (Paris Convention)

Necessary documents:

1. Name and address of applicant
2. Name and address of inventor
3. Invention patent publication text from designated patent office (first stage registration)
4. The text of the invention patent authorization announcement issued by the designated patent office (second stage registration)

Necessary documents:

1. Summary of the instructions
2. Abstract with attached diagram
3. Claims
4. Instructions
5. Drawings of the Instruction Manual

The designated patent office is:

1. China State Intellectual Property Office

2. UK Patent Office

3. European Patent Office (designated UK effective)

Additional documents (if any)

1. Sequence Listing (PDF and TXT)
2. Microbiological preservation certificate
3. Proof of microbial survival
4. Documents proving priority
5. Power of attorney
6. Declaration of ownership/proof of employment/proof of transfer of priority rights
7. Certificate of transfer of application rights

  • Hong Kong Standard Patent (R) : 20 years (from the date of Chinese patent application)
  • Originally granted standard patent in Hong Kong: 20 years (from the date of application)

  • Hong Kong Standard Patent (R)

Stage 1: Submit a registration request within 6 months after the designated patent application is published;
The second stage: submit a registration and authorization request within 6 months of the designated patent authorization announcement.

  • Originally granted standard patent in Hong Kong: within 12 months from the priority date;

  • Hong Kong Standard Patent (R)

Stage 1: Request for recording, the applicant must submit a request in the Hong Kong Special Administrative Region within 6 months after the publication of the designated patent application;
The second stage: Request for registration and grant, the applicant must submit a request for registration and grant in the Hong Kong SAR within 6 months after the Hong Kong SAR publishes the request to record or the designated patent office publishes the designated patent (whichever is the later).

  • Originally granted standard patent in Hong Kong: after formal examination and substantive examination;

  • Hong Kong Standard Patent (R)

The first stage of recording takes 2-4 months
Second stage registration time: 6-9 months

  • Originally granted standard patent in Hong Kong: 2-3 years

  • Annual fees for Hong Kong standard patent (R) application: The first annual fee must be paid within three months before the fourth anniversary of the patent application from the date of grant of the standard patent (R) application. Subsequent annual fees will be due on each anniversary of the standard patent (R) application thereafter. If the deadline is missed, payment can be made within a six-month grace period.

Example 1:

Example 1 Example 2:

Example 2

  • Annual fees for Hong Kong original authorized standard patents: The first annual fee must be paid within 3 months before the fourth anniversary of the patent application from the date of authorization. Subsequent annual fees will be due on each anniversary of the original authorized standard patent application thereafter. If the deadline is missed, it can be paid within the 6-month grace period.

Example 1:

Example 1 Example 2:

Example 2

Original granted standard patent: Yes, 14 months from the priority date

no

Name of Patent Office

Hong Kong Intellectual Property Department

Website: Intellectual Property Department - Overview of Intellectual Property (ipd.gov.hk)

Hong Kong Patent Search: Patent Search (ipd.gov.hk)

Submission language: Chinese/English

Hong Kong Short-term Patent Route

Necessary documents:

  1. Applicant's name and address
  2. Inventor's name and address
  3. Chinese and English versions of application documents
  4. Search reports issued by designated examination authorities (e.g. "Hong Kong Short-term Patent Search Report" issued by China State Intellectual Property Office);

Additional files:

1. Scanned copy of the priority document

Note: A short-term patent may not have more than two independent claims.

Hong Kong short-term patent: 8 years

12 months from the priority date

Only formal examination is conducted. Once a short-term patent is granted, the patent owner or any third party with reasonable grounds or legitimate commercial interests can request a substantive examination of the patent. If the examination is passed, the Registry will issue a substantive examination certificate; if the examination fails, the Registry will revoke the short-term patent.

Hong Kong short-term patent annual fee: must be renewed once in the fourth year from the date of application. If missed, payment can be made within the 6-month grace period

4-6 months

Yes, 14 months from the priority date

no

Name of Patent Office

Hong Kong Intellectual Property Department

Website: Intellectual Property Department - Overview of Intellectual Property (ipd.gov.hk)

Hong Kong Patent Search: Public Online Search (ipd.gov.hk)

Submission language: Chinese/English

Necessary documents:

  1. Appearance design pictures (six-sided view)
  2. Brief Description
  3. Design category
  4. Applicant's name and address
  5. Designer Name Base Address
  6. The relationship between the applicant and the designer (if the applicant and the designer are different)

Additional documents (if any):

  1. Copy of priority document

The maximum period is 25 years, with the initial protection period being 5 years and then renewable every 5 years.

Within 6 months from the priority date

Formal examination only

A 12-month novelty grace period is available if:

  • Disclosure of designs at international exhibitions organized or recognized by the Hong Kong authorities
  • Disclosure without the applicant’s consent

    The design application must be submitted to the Hong Kong Intellectual Property Department within 6 months after the above disclosure and the corresponding evidence must be submitted.

The renewal fee must be submitted within 3 months before the expiration of the 5-year protection period. If the deadline is missed, it can be paid within the 6-month grace period.

3-6 months

no

yes

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