10 Essential Steps for Hong Kong Design for Business Owners

In the fast-paced world of industrial innovation, protecting the visual identity of your products is as critical as securing their functional mechanics. Whether it’s a groundbreaking drone, a stylish furniture piece, or a new electronic gadget, the aesthetic appeal—the “eye appeal”—is often what drives consumer choice.

In Hong Kong, the registered design system provides a robust legal framework to protect these aesthetic efforts. This guide offers an in-depth look at the Hong Kong design application process, helping creators and businesses secure their designs for up to 25 years.

🔍 Understanding Hong Kong Design vs. Patent

Before applying, it is essential to distinguish between different types of intellectual property. A Hong Kong design protects the external appearance of an article. This includes:

• Shape and Configuration: The 3D form of the product.

• Pattern and Ornament: 2D features like surface decorations or prints.

💡 Important Pro Tip: Design registration protects only the appearance, not the principle of operation. If you want to protect the internal technical principles or how the machine works, you must apply for a Hong Kong Standard Patent or Short-term Patent.

You can learn more about the patent system here: Filing a Hong Kong Patent

1. Duration: A Long-Term Strategic Asset

The Hong Kong design system is particularly attractive because of its longevity. While the protection term for design patents in Mainland China is currently 15 years, Hong Kong offers a much longer horizon.

• Maximum Term: 25 years.

• Renewal Cycle: Protection is granted for an initial period of 5 years. It can be renewed for four additional 5-year periods.

• Maintenance: Because the renewal interval is so long (5 years), many applicants inadvertently let their protection lapse.

  • Our Service: We provide complimentary renewal reminders to our clients. Since a late payment can lead to the suspension of your rights, staying on top of these dates is vital for long-term brand security.

2. Application Materials: Defining Your Scope

The “representations” you submit (photos or drawings) define the legal boundaries of your protection. If the drawings are unclear, your protection may be weak or unenforceable.

Article Name

Submit names in both Chinese and English. The name should be the standard identifier for the product (e.g., “Smart Coffee Maker” or “Ergonomic Office Chair”).

Visual Representations: Photos vs. Line Drawings

Hong Kong allows both, and each has its advantages:

• Photos: Great for capturing textures and exact color schemes. They must be taken against a neutral, plain background without shadows.

• Line Drawings: These are often preferred for broad protection because they focus on the “shape” rather than specific materials.

• Note: Unlike the United States, Hong Kong has no strict regulations on line thickness or specific shading. However, lines must be even and bold enough for clear reproduction.

The “Seven Views” Methodology

To get the most comprehensive protection, we recommend providing seven specific views:

1. Front View

2. Rear View

3. Left View

4. Right View

5. Top View

6. Bottom View

7. Perspective View (Crucial for showing the 3D depth)

While the Intellectual Property Department (IPD) can accept an application with only one view, we have successfully secured protection for complex items like drones, electric hot water boilers, and sports brackets by providing multiple angles to ensure no competitor can create a “look-alike” product.

3. Examination and Fee Structure

Hong Kong utilizes a formal examination system. The Registry checks if your application meets formal requirements (drawings, fees, forms) but does not perform a search for prior designs. This makes the process much faster than a patent.

• Timeline: Registration is usually completed within 3 months.

• Cost Efficiency:

  • Official Fee: Approximately HK$297 (includes application, announcement, and certificate).

  • Multiple Applications: If you have several designs in the same Locarno Classification, you can file them together. Each additional item costs only HK$237.

4. Claiming Foreign Priority

If you have already filed for the design in a WTO member country (like the US, UK, or China) within the last 6 months, you can claim “Priority” in Hong Kong.

• Benefit: Your Hong Kong filing date will be backdated to your original foreign filing date.

• Process: You only need a scanned copy of the priority document. You can even submit the application first with just the filing date and number, and provide the scan later.

• Flexibility: If your foreign application contained multiple designs (e.g., four variations), you can choose to claim only one or two in your Hong Kong application.

5. Monetization: Turning Designs into Revenue

A registered design is a piece of personal property that can be commercialized in several ways:

1. Licensing: Grant others the right to use your design in exchange for royalties.

2. Enforcement: Take civil action against infringers to claim damages or an account of profits.

3. Collateral: Use your registered IP to secure financing or increase your startup’s valuation during a merger or acquisition.

📌 Practical Tips for Success

1. Keep it Secret: Hong Kong has a strict “Novelty” requirement. If you disclose your design (e.g., in a public catalog or at an exhibition) before filing, your registration may be invalid. Keep it confidential until you have your filing date!

2. Check the “Statement of Novelty”: When filing, you must include a statement highlighting the specific features (e.g., “The novelty resides in the shape and configuration of the part shown in the drawings”) to clarify what you are protecting.

3. Professional Evaluation: Before filing, have a professional evaluate your drawings to ensure they don’t accidentally include “descriptive” text that isn’t part of the design, which could lead to an objection.

FAQ