Understanding the Hong Kong Patent System: A Strategic Overview

The Hong Kong SAR offers a unique patent landscape with two main routes to obtaining a standard patent, which provides up to 20 years of protection. As illustrated in our [Flowchart Poster], applicants must choose between the Traditional Re-registration Route and the Original Grant Patent (OGP) Route. This summary offers a broad perspective on Hong Kong patents. For comprehensive guides and detailed analysis, please visit our [Knowledge Hub].

1. Re-registered Standard Patent (Traditional Method)

This is the most common route for international applicants. It is based on a “parent” application from one of three designated offices: China (CNIPA), the United Kingdom (UKIPO), or the European Patent Office (EPO) designating the UK.

As shown in the flowchart, this is a two-stage process:

• Stage 1 – Request to Record: This must be filed within 6 months after the publication of the designated patent application.

• Stage 2 – Request for Registration & Grant: This must be filed within 6 months after the grant of the designated patent.

2. Original Grant Patent (Newly Launched Dec 2019)

This route allows applicants to file directly in Hong Kong without needing a prior application in China or the UK. It undergoes a local substantive examination by the HKIPD and is ideal for inventions specifically targeted at the Hong Kong market.

Critical Warning: Non-Extensible Deadlines

The most critical factor in the Hong Kong patent system—and the primary cause of lost rights—is the non-extensible nature of the 6-month deadlines.

Unlike many other countries where you can pay a late fee or petition for an extension, the 6-month deadlines for Stage 1 and Stage 2 in the re-registration system are statutory and absolute.

• No Grace Period: If the deadline passes by even one day, the application cannot be filed, and the right to enter Hong Kong for that invention is permanently lost.

• The “Silent” Stage 2 Trap: Because Stage 2 occurs years after Stage 1 (following the examination of the parent patent), many companies fail to monitor the grant date of the parent patent, missing the final 6-month window.

Expert Tip: If your parent patent is handled by an overseas agent, you must ensure they are specifically tasked with notifying you the moment the grant occurs to protect your Hong Kong filing rights.

Short-Term Patents for Rapid Protection

For inventions with a shorter commercial lifespan, the Short-term Patent offers up to 8 years of protection.

• Speed to Grant: Unlike standard patents, these are usually granted within 4 to 6 months.

• Requirement: A search report from a recognized authority (such as China, UK, or EPO) is mandatory for the application.

Maintenance and Renewals

Even after a grant, a patent must be maintained.

• Standard Patent (R): Maintenance fees begin from the 5th year if the patent is still in the “application” stage (awaiting parent grant). Once granted, annual renewal fees apply after the 3rd year.

• Short-term Patent: A single renewal fee is required at the end of the 4th year to extend protection to the 8th year.