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 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 authorization notice from China, Europe or the United Kingdom.
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 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, jewelry, watches, etc.
Required Documents and Information and Validity Period
Standard Patent
Required documents and information:
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
The patent documents include:
Claim: describe the protection scope of the patented technology
Abstract: provide the outline of the key technical aspect of the patent
Specification: provide written details and features of the patented technology
Drawings: illustrate structures or details of the patent
Validity Period:
Renewable each year upon the end of the third year of the granted up to 20 years
Short-term Patent
Required documents and information:
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
The patent documents include:
Claim: describe the protection scope of the patented technology
Abstract: provide the outline of the key technical aspect of the patent
Specification: provide written details and features of the patented technology
Drawings: illustrate structures or details of the patent
Validity Period:
Renewable (5th -8thyears) upon the end of the fourth years from the submission date of the application up to 8years
Registration of Design
Required documents and information:
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
Validity Period:
Renewable every 5 years up to 25 years
