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A patent owner can exercise their legal patent rights to prohibit others from manufacturing, using, selling and importing your patent invention, and thereby, protect your patent invention.
There are two types of patent in HKSAR:
  • Standard patent
  • Short-term patent
A standard patent owner can renew his/her patent every 3 years, up to a ceiling of 20 years. Short-term patents can be renewed 4 years after the application date. The effective period is 8 years at maximum.
Applicants have to submit their applications to the Patent Registry of the Intellectual Property Department at Hong Kong. Although patents may have already been granted in other places of the world, Hong Kong would not automatically grant patent protection. The Registrar of Patents only conducts preliminary examinations, but substantive examination over the novelty or creativeness.

Hong Kong's standard patents are approved based on the prior patent approval by three patent registries (known as "the designated patent offices"):

  • State Intellectual Property Office of the People's Republic of China
  • European Patent Office (only for patents covering the United Kingdom)
  • Intellectual Property Office of the United Kingdom

There are two stages in the standard patent application in Hong Kong. Applicants must submit two request below:

  1. Request for the records of designated patent applications; Designated patent applications are patent applications with the State Intellectual Property Office of the People's Republic of China, European Patent Office or Intellectual Property Office of the United Kingdom (stage 1)
  2. 2. Submission of application and request for approval in Hong Kong, in respect of the approved patent by the State Intellectual Property Office of the People's Republic of China, European Patent Office or Intellectual Property Office of the United Kingdom (stage 2).

The approval of short-term patents in Hong Kong is based on the patent search report from one of the international search authorities or one of the designated patent offices. If a person wishes to apply for short-term patents in Hong Kong, then he/she must submit the request for approval, as well as all necessary documents and information.

Applicants must submit the request within 6 months after the application at the designated patent offices.

Applicants must state their personal identity information, mention their designated patent applications, and specify their designated patent application numbers, publication numbers and publication dates. Then the patent registry will set a date of submission for the applications.

After fixing a date of application, the patent registry will examine the applications. If the applicants have any insufficiency, the registry will inform the applicants to correct it within 2 months. If there is no insufficiency or if the insufficiency is redressed, the registry will publish the application and post it on the Hong Kong Intellectual Property Journal.

If the applicants do not proceed to stage 2 (i.e. registration and request for approval) 5 years after the publication, then the applicants must maintain the applications and pay the maintenance fees to maintain the standard patent applications. Otherwise the patent registry will regard the patent applications as being withdrawn.

Applicants must register with Hong Kong's patent registry and seek approval within 6 months after the publication at Hong Kong or after the approval for standard patents from the designated patent offices.

There is no time limit for short-term patent applications in Hong Kong. However, if the applicant is the first to apply in the member states of the Paris Convention and the World Trade Organization, and thus, enjoys priority, then the applicant has to file his/her short-term patent application in Hong Kong with 12 months after the aforementioned application.

After fixing a date of application, the patent registry will examine the applications. If the applicants have any insufficiency, the registry will inform the applicants to correct it within 2 months. If there is no insufficiency or if the insufficiency is redressed, the registry will publish the application and post it on the Hong Kong Intellectual Property Journal.

Fee Table for Patent Registration

The discounted quotation for local patent applications (for reference only; depends on the complexity of invention)
Region Fee
(HK$)
Service included Expected duration of work Effective period

/

HK$40,000 Draft Chinese patent claim 3-4 weeks /
Hong Kong Submit and register one short-term patent in Hong Kong 8-10 months 8 years at maximum (Given that annual fee is duly paid)
China Submit and register one patent for utility model

9 - 12 months 10 years at maximum (Given that annual fee is duly paid)
China Submit and register one patent for invention
After the submission the patent for invention in China, additional fees would be incurred. We will inform you of the predicted fee for your approval before the additional fees are actually incurred.
3 - 4 years 20 years at maximum
(Given that annual fee is duly paid)
Contact us at patent@bk.hk
Or you may dial 3105 5126 (Patent hotline)
The discounted quotation for overseas patent applications (for reference only; depends on the complexity of invention)
Region Fee
(HK$)
Service included Expected duration of work Effective period

The United States HK$50,000
(small object)
Draft English patent claim 3-4 weeks /
Submit one patent for invention in the US
1. Submit request for substantive examination
2. Request one priority right
3-4 years 20 years at maximum
(Given that annual fee is duly paid)
The European Union HK$32,000 Application stage:
1. Examine and submit English patent application
(Appropriate amendments to comply with the requirements of the European Patent Office);
2. Request one priority right
3. Submit new search request
3-4 years 20 years at maximum
(given that annual fee is duly paid)
HK$28,000 Substantive examination stage:
Submit substantive examination request
   
Japan HK$30,000 Submit one patent for invention in Japan
1. Submit request for substantive examination
2. Request one priority right
3-4 years 20 years at maximum
(given that annual fee is duly paid)
Japan HK$28,000 Submit and register one patent for utility model in Japan
(including the registration fee for the first 3 years)
3 months 10 years at maximum
(given that annual fee is duly paid)
Please call us for the quotation of other countries/regions.
Contact us at patent@bk.hk
Or you may dial 3105 5126 (Patent hotline)

Serving clients with heart and professionalism.

For enquiry about registration, please consult our experts. It is our pleasure to answer your question. Please fill in the form below or you may dial 3105 5120

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Company information; address

Benny Kong Intellectual Property Limited

Unit 19B, Overseas Trust Bank Building, No. 160 Gloucester Road, Hong Kong
(852) 3105 5120
tm@bkip.com.hk

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