Patent registration in Hong Kong. Hong Kong, officially the Hong Kong Special Administrative Region of the People’s Republic of China (HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta in South China. Hong Kong is a highly developed territory and ranks fourth on the UN Human Development Index. The city has the largest number of skyscrapers of any city in the world, and its residents have some of the highest life expectancies in the world. The dense space has led to a highly developed transportation network with public transport rates exceeding 90%. Hong Kong is ranked 4th on the Global Financial Centres Index. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this region is to learn the procedure of patent registration in Hong Kong.
Necessary documents for patent registration in Hong Kong
The necessary documents for patent registration in Hong Kong include:
- The request to grant a patent (patent application);
- Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
- A description of the invention;
- A signed and stamped power of attorney by the applicant(s);
- A copy of the amendments (if any);
- Priority documents (if any).
- Other required documents.
A Hong Kong patent application must be filed in one of the official languages: English or Chinese.
The procedure of patent registration in Hong Kong
To obtain a patent in Hong Kong, the applicant needs to file their patent application to the IP Office of Hong Kong.
As of December 19, 2019, it is possible to file patent applications in Hong Kong directly via the Original Patent Grant System without prior filing in China, the UK, or the EPO designating the UK.
Once applying, the examiners at the IP Office will conduct a thorough formality examination to check if there are any errors on the formality of the application.
If there are deficiencies, the applicant will have the chance to correct the patent application within 2 months.
Once the deficiencies are resolved, the patent application will be published in the Hong Kong Intellectual Property Journal (http://www.ipd.gov.hk/eng/ip_journal.htm).
The progress of patent registration can be viewed online.
The substantive examination of the patent application in Hong Kong should be requested within 3 years after the filing date of the application or the earliest priority date.
Maintenance of the patent
If there are no errors, the patent will be granted to the applicant shortly.
A patent is valid for 20 years as of the filing date
The maintenance fees are paid for each year after the expiry of the third year from the filing date.
Even when the patent application is currently pending and hasn’t been granted yet, the applicant still needs to pay the maintenance fee.
Specifically, if a standard patent has not been granted within 5 years from the filing date of the designated application occurring after the publication of the Hong Kong standard patent application, the applicant shall pay a maintenance fee starting from the 6th year to keep the application in force.
Failure to maintain the application will mean that their patent application is deemed withdrawn.
Subsequent renewal fees are payable annually thereafter throughout the patent term.
You can see a list of Hong Kong IP Firms here.