Ming & Sure Intellectual Property Law Firm

How to File a Patent Application in Hong Kong

Hong Kong, as a Special Administrative Region of China, has its own patent system under the Patent Act
and Registered Design Act. A patent granted in mainland China will not automatically take effect in
Hong Kong. In order to obtain protection in Hong Kong, separate registration procedures must be gone
through in pursuance with the law.
1. Types of Patents granted in Hong Kong
There are three types of patent in the HKSAR, standard patent, short-term patent and design patent.
2. Patent Terms in Hong Kong
Type of Patent
Standard Patent
Short-Term Patent
Design Patent

Term in Years
20
4
5

* Short-term patents are renewable after four years from filing, for a maximum term of eight years, and
design patents are renewable for four times after five years from filing for a maximum term of
twenty-five years.
3. Recordation and Registration of Standard Patents
Only patents/patent applications filed at designated national or regional patent offices can be registered
as Hong Kong standard patents. The designated patent offices include the State Intellectual Property
Office (SIPO) of China, the United Kingdom Intellectual Property Office (UK IPO) and the European
Patent Office (EPO). Chinese invention patents may be registered as standard patents in Hong Kong. The
standard procedure for the patent registration is divided into two stages:
Stage I: Request to Record a Patent Application
Within six months from publication of a patent application in one of the three designated offices of
CN, UK, or EPO designating UK, the applicant should file a request to record the patent application
to the Patent Registry (the Registry) of the Government of the Hong Kong Special Administrative
Region. The patent application, after an examination in formality, will be recorded in Register of
Patents and published by notice in the Hong Kong Intellectual Property Journal.
Stage II: Request for Registration and Grant in Hong Kong
Within six months after the date of grant of the patent (designated patent). After Formality
Examination, the applicant should file
a request for registration and grant, and the patent application will be recorded in Register of
Patents and granted and published by notice in the Hong Kong Intellectual Property Journal.
The 20-year patent term is counted from the application date given by the designated patent office (e.g.
SIPO), while the patent rights take effect from the date of publication in the Hong Kong Intellectual
Property Journal.
4. Filing a Short-Term Patent in Hong Kong
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Inventions of products and processes may be patented in Hong Kong as short-term patents. In general,
there is no restriction on when a short-term patent application should be filed in Hong Kong. However, if
the applicant wishes to claim the priority from an earliest application in a member country under the
Paris Convention or a member territory of the World Trade Organization, he/she is required to file a
short-term patent application in Hong Kong within 12 months after filing the earliest application. The
Hong Kong Patents Registry only conducts formality examination on short-term patent applications.
When filing a short-term patent, the applicant(s) should submit a relevant search report provided by one
of the prescribed searching authorities, in Austria, Australia, Japan, Russia, Sweden, USA and the
European Patent Office, together with the application documents.
5. Standard Patent and Short-Term Patent Based on PCT Application
Standard patents and short-term patents in Hong Kong can also be obtained via the PCT route, if China
(PRC) is one of the designated countries.
(I) For registration of a standard patent in Hong Kong based on a PCT application, the above two-stage
system applies. In addition, please note the following:
i. If the International Bureau published the international application in Chinese, the applicant should
file a request to record in Hong Kong within six months after SIPO issues a Notification of the
National Application Number;
ii. If the international application was published in a language other than Chinese, the applicant
should file a request to record in Hong Kong within six months from the date of publication of the
international application by SIPO.
Similarly, a request for Registration should be filed within six months after the grant.
(II) The applicant may only file a short-term patent application based on a PCT application entering
China as a utility-model patent and the patent application has entered its national phase.
The applicant should file a short-term patent registration in Hong Kong within six months after the
international application enters the Chinese national stage or within six months after SIPO issues the
Notification of the National Application Number.
6. Filing a Design Patent in Hong Kong
Hong Kong has an independent law system for industrial design protection. A design patent must be
applicable to an industry product. A single application may contain a plurality of industrial designs.
In general, there is no restriction on when a design patent application should be filed in Hong Kong.
However, if the applicant wishes to claim the priority from an earliest application in a member country
under the Paris Convention or a member territory of the World Trade Organization, he/she is required to
file a design patent application in Hong Kong within 6 months after filing the earliest application. The
Industrial Design Registration Department of the Registry conducts formality examination on the
application, which will be registered and published after being granted by the Registry.

For more information or details, please contact us at mail@mingsure.com.