Hong Kong Patent
Standard Patent · Short-term Patent · Design · Professional Agency
📄 Re-registration Standard Patent
Introduction
Re-registration standard patent is based on a patent granted by the China National Intellectual Property Administration, European Patent Office (designating the UK), or the UK Intellectual Property Office. Only formal examination is required, no substantive examination. It is an efficient way to protect core technologies in Hong Kong.
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Application Process
- Stage 1: Request to Record — Must be filed within 6 months after the designated patent application is published
- Stage 2: Request for Registration and Grant — Must be filed within 6 months after the designated patent is granted
- If the second stage is not entered within 5 years, annual maintenance fees are required
Term and Renewal
Maximum protection period 20 years, renewable annually from the 3rd year after grant.
❓ Frequently Asked Questions
Q1: Is substantive examination required for re-registration standard patent?
A: No. Only formal examination is conducted by the Hong Kong Intellectual Property Department. Registration is granted quickly upon approval.
Q2: What if the designated patent is granted after 5 years?
A: Annual maintenance fees are required until entering Stage 2. It is advisable to plan your application strategy in advance to avoid extra costs.
📄 Original Grant Patent
Introduction
Original grant patent can be filed directly in Hong Kong or claiming priority. Both formal and substantive examinations are required, offering stable and long-term protection. Suitable for innovations that require independent patent rights in Hong Kong.
Application Process
- Filing → Formal Examination → Substantive Examination → Publication → Grant
- Overall timeline approx. 2–3 years, deferral of examination available for up to 12 months
Term and Renewal
Maximum protection period 20 years, renewable annually from the 3rd year after grant.
❓ Frequently Asked Questions
Q1: What is the difference between original grant and re-registration standard patents?
A: Original grant requires substantive examination, offering stronger rights. Re-registration is based on an already granted patent and grants faster. Both have a 20-year term.
Q2: Can I request deferral of examination? What are the benefits?
A: Yes, up to 12 months. This allows applicants to refine claims based on market feedback or defer official fees.
⚡ Short-term Patent
Introduction
Short-term patent offers fast grant with a simple procedure. No substantive examination is required before grant. Suitable for innovations with shorter life cycles or those needing rapid protection.
Application Process
- Filing + Search Report → Formal Examination → Grant
- Timeline approx. 6–12 months
- After grant, substantive examination can be requested. A certificate is issued if approved; otherwise, the patent may be revoked.
Term and Renewal
Maximum protection period 8 years, renewable once before the 4th year expires.
❓ Frequently Asked Questions
Q1: Can I request substantive examination after a short-term patent is granted?
A: Yes. Any person (including the right holder) may request substantive examination. A certificate of substantive examination will be issued, making the rights more stable.
Q2: What technologies are suitable for short-term patents?
A: Structural products, process improvements, or technologies with short life cycles. Not recommended for core foundational inventions.
🎨 Design
Introduction
Protects the ornamental design of a product, including shape, pattern, and color. Only formal examination, fast grant. Suitable for consumer electronics, homeware, toys, packaging, and more.
Application Process
- Filing → Formal Examination → Publication → Grant
- Timeline approx. 3–6 months
Term and Renewal
Initial protection 5 years, renewable 4 times for 5 years each, up to a maximum of 25 years. Renew every 5 years.
❓ Frequently Asked Questions
Q1: Can I file both a design and a short-term patent simultaneously?
A: Yes. They protect different aspects (appearance vs. technical solution) and can be filed together for combined protection.
Q2: Do I need to provide a physical sample for design registration?
A: No. Six views (front, rear, left, right, top, bottom) and a perspective drawing are sufficient.
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