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
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 PRC, European Patent Office or the United Kingdom 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 authorisation notice from China, Europe or the United Kingdom.
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 PRC
- European Patent Office
- The United Kingdom Patent Office
- Any international searching authority (such as: the United States, Japan, 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, jewellery, watches, etc.
Required Documents and Information and Validity Period
|Type||Required Documents and Information||Validity Period||Notes|
||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 authorisation notice from China, Europe or the United Kingdom|
||Renewable (5th -8th years) 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 :
|Registration of Design||
||Renewable every 5 years up to 25 years||Application directly filed in Hong Kong|
The patent documents include:
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$250,000.
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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