There are two types of patent in the Hong Kong
- standard and
Protection under standard patents is renewable annually after the end of the third year, for a maximum of 20 years. Protection under short-term patents is renewable after four years from filing, for a maximum term of eight years.
Applying for a standard patent
The grant of a standard patent in Hong Kong is based on the registration of a patent granted by one of three patent offices, called 'designated patent offices'
- the State Intellectual Property Office, People's Republic of China
- the European Patent Office, in respect of a patent designating the United Kingdom
- the United Kingdom Patent Office.
A standard patent application in Hong Kong is made in two stages by filing
Stage 1: a request to record the designated patent application, that is the Chinese, EP(UK) or UK published patent application
The applicant needs to file a request to record in Hong Kong, China within six months after the publication of the designated patent application in the designated patent office.
Stage 2: a request for registration and grant in Hong Kong of the Chinese, EP(UK) or UK granted patent
The applicant needs to file a request for registration and grant in Hong Kong at the latest within six months after publication of the request to record in Hong Kong, China, or the grant of the designated patent by the designated patent office.
Applying for a short-term patent
The grant of a short-term patent in Hong Kong is based on a search report from an international searching authority or one of three designated patent offices.
In general, there is no time limit for filing a short-term patent application in Hong Kong, China. But if the applicant wishes to claim priority from a first application in a Paris Convention country or World Trade Organization member territory, the applicant should file his/her short-term patent application in Hong Kong, China within 12 months of filing the first application.
If the applicant’s invention has been disclosed and the applicant claim that the disclosure does not prejudice his/her invention's novelty (section 109, Patents Ordinance) the applicant should file his/her short-term patent application within 6 months of the disclosure.