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Hong Kong Patent

Standard Patent
  • Inventions with longer exploitation /commercialization terms
  • 20 years from the application filing date
  • Route 1: Standard patent (O)
    -Substantive examination / Average time of examination: 24 – 36 months
    -Filing fee: USD 610!
  • Route 2: Standard patent (R)
    - Formality examination / Average time of examination: 3 – 6 months
    -Filing fee: USD 395!
Short-term Patent
  • Simple inventions with shorter exploitation/commercialization terms
  • Formality examination but its grant is based on a search report from an international searching authority or one of 3 designated patent offices
  • Average time of examination: 3 months
  • 8 years from the application filing date
  • Filing fee: USD 545 !




Design Patent
  • Features of shape, configuration, pattern or ornament applied to an article by any industrial process
  • Formality examination
  • More than one design in an application is acceptable
  • Average time of examination: 3 months
  • 25 years from the application filing date
  • Filing fee: USD 565 !




Key Facts


Claim limitation on patents
Standard patent: No limit
Short-term patent: Not more than 2 independent claims
Design patent: No limit on number of designs, multiple designs in an application is acceptable, provided that the designs relate to the same class/same set of articles

Pre-requisite for application
Standard patent (O): None
Standard patent (R): Filing a corresponding patent application for the same invention with one of the following designated offices: the CNIPA, EPO and UKIPO
Short-term patent: Search report from an international searching authority or one of three designated patent offices
Design patent: None

Useful Links
Hong Kong Intellectual Property Department (HKIPD)
 Hong Kong Patent Search System
 Hong Kong Design Search System

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FAQ

Following documents are required for filing an application in Hong Kong:
  • Certified copy of priority application (electronic copy will suffice), if priority is claimed
  • Specification
  • Drawings (necessary for Design patent application)
  • Search Report from an international searching authority or one of three designated patent offices (necessary for Short-term patent application)
  • A reference to the corresponding designated patent application/patent (necessary for Standard patent (R) applications)
Rest assured that we will help to prepare the documents and make sure all the necessary documents are in good order to avoid any formality rejection.
Yes, the Hong Kong Intellectual Property Department (HKIPD) accepts the applications filed in Chinese and English.
Standard patent:
  • For Standard patent (O): It depends on fields of technology and timing of filing a request for Substantive Examination. Generally, an examination will take approximately 24 – 36 months to be completed after the request for Substantive Examination is filed.
  • For Standard patent (R): A Standard patent (R) application is made in 2 stages by filing – (a) Stage 1: A request to record a designated patent application and (b) Stage 2: A request for registration of a designated patent and grant of a Standard patent (R), each stage takes approximately 2 – 3 months to be completed.
Short-term patent application:
  • As Short-term patent applications are subject to formality examination, it takes approximately 3 months from filing to granting.
Design patent:
  • As Design patent applications are subject to formality examination, it takes approximately 3 months from filing to granting.
The main differences between a Standard patent (O) application and Standard patent (R) application are described in the following two aspects:
Application route:
  • Comparing to Standard patent (R) applications which requires its applicant to file an earlier corresponding patent application with any of the 3 designated patent offices (the China National Intellectual Property Administration (CNIPA), the United Kingdom Intellectual Property Office (UKIPO) or the European Patent Office (EPO)), a standard patent (O) application can be filed directly in Hong Kong.
Examination:
  • Where a standard patent (R) application is only subject to formality examination by the HKIPD as to whether the necessary information and documents in support of the application have been filed in compliance with the statutory requirements, a standard patent (O) application is subject to both formality and substantive examinations. The latter type of examination requires the claimed invention to satisfy patentability requirements: novelty, inventive step or non-obviousness, capability of industrial application.
Before explaining further on the difference, it should be noted that the subject matter of the Standard patent and Short-term patent is same in essence – that is, related to an invention of all aspect, including a method or process.
The main differences between a Standard patent (O) and a Short-term patent are as following:
Examination:
  • Standard patent (O) applications are substantively examined and can only be granted if they satisfy requirement on novelty, inventive step or non-obviousness, capability of industrial application.
  • Short-term patent applications are subject to formality examination in which decides their grant based on a search report from an international searching authority or one of three designated patent offices.
Restriction of number of claims per application:
  • There is no limitation on number of claims, regardless independent or dependent to a Standard patent application
  • A short-term patent application can however only contain 2 independent claims at most but the number of dependent claims that the application may contain is not restricted.
Protection term:
  • A Standard patent (O) has a maximum protection term of 20 years, whereas the maximum protection term of a Short-term patent is only 8 year.
Although which type of patent is the most appropriate to apply for varies on a case by case basis, the followings could be helpful when considering the type of patent to be filed:
Complexity of the invention:
  • For invention which is complex in nature, Standard patent protection would be most appropriate and thorough protection for such invention.
  • For invention which is relatively fundamental, it may be considerable to seek for Short-term patent protection as such invention usually has short lifespan in market.
Exploitation/commercialization in Hong Kong:
  • If an invention is anticipated to have longer exploitation/commercialization terms in the Hong Kong market, Standard patent is a better choice for protecting such invention.
  • On the contrary, if an invention is anticipated to be exploited/commercialized in the market for a term less than 10 years, it is more appropriate to consider filing application for Short-term patent.
Filings in other countries:
  • In condition where an invention is anticipated to have long exploitation/commercialization terms and was filed at the patent office in one of these territories: China, United Kingdom and European Union in 6 months, you could consider to apply for Standard patent (R) protection as it would be faster to obtain the patent right.
  • On the other hand, for invention which has short exploitation/commercialization term but was filed as patent applications in other countries, filing a Short-term patent application for such invention would be the most appropriate.
The above considerations are merely a basic guideline for patent protection in Hong Kong. We would provide personalized advises to all our client based on their specific condition and nature.
  • Standard patent: 20 years from application filing date
  • Short-term patent: 8 years from application filing date
  • Design patent: 25 years from application filing date
No, obtaining patent rights in Hong Kong gives you protection in Hong Kong only. To acquire protection outside Hong Kong, you will need to file patent applications directly in each country or territory in which you need protection.
However, Champion IP exclusively provide “one-stop service” for patent protection in 4 regions - Hong Kong, China, Taiwan and Macau, saving you time and cost for multiple and repetitive communications in respective regions.

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