7 Key Strategies for Hong Kong Patent Application Success

If you are expanding your business into Asia, you might assume your intellectual property is automatically safe once registered in mainland China or the United Kingdom. This is one of the most common—and costly—misconceptions businesses face when entering the region. While Hong Kong is a Special Administrative Region of China, it maintains a completely separate legal system for intellectual property. A patent granted in Beijing (CNIPA) or London (UKIPO) does not automatically extend protection to Hong Kong.

To secure your rights in this global financial hub, you must navigate a specific and somewhat complex Hong Kong patent application system. Historically, this system was rigid, relying entirely on foreign patent offices. However, recent legal reforms have introduced a “dual-track” system, giving applicants a critical strategic choice between the traditional “Re-registration” route and the new “Original Grant” route.

Whether you are a multinational corporation protecting a pharmaceutical breakthrough or a startup launching a consumer electronic device, understanding the difference between these routes—and strictly adhering to their non-extensible deadlines—is the difference between securing a monopoly and losing your invention to the public domain. This guide is designed by a Hong Kong Intellectual Property Specialist to walk you through every step of the Hong Kong patent process, ensuring you avoid the pitfalls that catch so many applicants off guard.

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The Ultimate Guide to the Hong Kong Patent System: Strategies, Deadlines, and Application Routes

 

Understanding the Unique Hong Kong Patent Landscape

Hong Kong’s patent system is relatively complicated compared to other jurisdictions like the United States or Germany. Unlike most countries that have a single, unified path for standard patents, Hong Kong operates a hybrid system. This structure is designed to accommodate both applicants who have already filed in major jurisdictions and those who wish to file directly in Hong Kong.

The registration of a Hong Kong invention patent is primarily divided into two routes:

1. The Re-registered Standard Patent (Traditional Method): A route that has been used for decades, which relies on a “parent” patent granted by a designated foreign office.

2. The Original Grant Standard Patent (New System): A route launched recently in December 2019, allowing for direct filing and substantive examination by local examiners.

In addition to these two standard patent routes, there is a third option known as the Short-Term Patent, which offers faster protection for products with shorter commercial lifecycles.

For years, the process was rigid. You had no choice but to file elsewhere first. But with the launch of the Original Grant system, you now face a critical strategic choice. Should you save money with re-registration, or invest in an independent Hong Kong patent? Below, we will break down the advantages, characteristics, and critical deadlines of both routes to give you a full picture of which Hong Kong patent application strategy is better for your business.

Feature	Re-registered Standard Patent	Original Grant Standard Patent
History	Traditional method used for decades	Newly launched in December 2019
Independence	Depends on parent designated patent office (PRC, UK, or EPO)	Directly examined by the local Hong Kong patent office

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Route 1: The Re-registered Standard Hong Kong Patent (Traditional Method)

This is the traditional method that has served the territory for decades. It is an administrative route, meaning the Hong Kong Intellectual Property Department (HKIPD) does not conduct a substantive search or examination of your invention’s novelty. Instead, it relies on the work already done by a “Designated Patent Office.”

The “Designated” Requirement

In general, a Re-registered Hong Kong standard patent is required to follow a “parent” designated patent. You cannot base this application on a US or Japanese patent directly. The parent patent must be from one of the following three offices:

• The National Intellectual Property Administration, PRC (CNIPA)

• The United Kingdom Intellectual Property Office (UKIPO)

• The European Patent Office (EPO) (designating the UK)

The examination duration follows the parent-designated patent, and the claims granted in Hong Kong will be identical to those granted in the parent jurisdiction. To fulfill the whole standard Hong Kong patent registration, the applicant is required to file documents at two specific stages: Stage 1 and Stage 2.

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Stage 1: The Request to Record (The First Critical Deadline)

The first step in the re-registration process is known as the “Request to Record.” This stage notifies the Hong Kong government that you have a pending application overseas that you intend to extend to Hong Kong.

The Strict 6-Month Window

The publication of your parent patent in the PRC, UK, or EPO triggers a countdown. You must file the Request to Record in Hong Kong within 6 months after the publication date of the designated patent application.

Why this deadline is crucial:

This deadline is absolute. If the parent-designated patent is handled by another intellectual property agent firm overseas, the applicant is required to inform this agent firm or personally remember this deadline. If the deadline has been passed, the application cannot enter Hong Kong again. The deadline is non-extensible. We have seen clients lose their rights simply because their overseas counsel did not realize Hong Kong had a separate filing requirement.

The Process and Requirements

To begin with, the applicant is required to apply using a P4 Form to request a record for the Hong Kong standard patent application. If the application fulfills the general requirements, the Registrar will issue the filing date and filing number to the applicant.

Information required for Stage 1:

• Form P4: The official standard patent request form.

• Applicant Details: Full information about the applicant and the inventor.

• Parent Patent Details: Information on the published designated patent (publication number and date).

• Abstract: The patent abstract in both Chinese and English.

Our Professional Service Insight:

Our past experience is to strictly keep in mind the two 6-month deadlines. Our client has lost the deadline for the application in the past because the Hong Kong standard patent timeline is very different from overseas patents. We will provide a reminder during the stage 1 of the application (request for the record).  Normally, it is not difficult to meet the documentary requirements, and we could get help for the submission to get the application number.

• Speed: Patent and Design Limited could receive your instruction and file the application number within hours.

If the above requirements are met, the patent specification will be published in the Hong Kong Intellectual Property Department Journal. No further action is required for this stage until the designated patent has been granted overseas.

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Stage 2: Request for Registration and Grant

The second stage of the traditional route occurs only after your parent patent has been fully granted by the CNIPA, UKIPO, or EPO.

The “Grant” Deadline

The applicant is required to file the Stage 2 application (P5 Form) within 6 months after the grant of the designated patent. Alternatively, if your Stage 1 Request to Record has not yet been published in Hong Kong by the time the foreign patent is granted, you must file Stage 2 within 6 months of the Stage 1 publication.

The Risk of the “Gap Years”

This timeline is very crucial and often missed. A lot of companies forget this time limit because the parent-designated patent has been examined for several years (sometimes 3 to 5 years). The file often sits dormant in their docketing system. If overseas firms handle the designated patent, the applicant needs to remind this firm of this deadline. The Hong Kong standard patent cannot be filed if this deadline is passed.

The Process and Requirements

Information required for Stage 2:

• Form P5: The request for registration and grant.

• Granted Document: A certified copy or clear copy of the granted designated patent specification.

• Title: The invention title in both Chinese and English.

Grant and Publication:

Upon the submission of the designated patent documents and the application number, the Registrar will issue a filing date. Finally, the patent application comes to the grant and publication stage. If the formal requirements are met, the patent specification will be published in the Hong Kong Intellectual Property Department Journal. The applicant will receive the certificate of standard Hong Kong patent shortly afterward.

Tips for Patent (Stage 2):

In our experience, it takes about 1 to 2 months to receive a hard copy of the certificate from the Hong Kong Intellectual Property Department after the Stage 2 filing.

• Cost: The total official fee for this route is approximately HK$686.

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Maintenance of a Re-registered Patent

Many applicants mistakenly believe that once the patent is granted, no fees are due until the next year. However, the maintenance rules for Re-registered patents are unique.

The applicant is required to pay the maintenance fee to maintain the application in the 5th year from the date of the first anniversary of the filing date of the corresponding designated parent patent application, calculated after the publication date of the record request.

Professional Insight:

The calculation of the maintenance fee is relatively complicated because it involves the date of the designated patent (which could be years ago) and the publication date of the Hong Kong patent. This maintenance fee is a characteristic of standard Hong Kong patents; sometimes we need to pay this fee even before the patent is formally granted if the process has taken a long time. We shall timely remind our clients to pay the maintenance fee to avoid unintentional abandonment. We have a blog to explain the calculation of the maintenance fee in details.

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Route 2: Original Grant Standard Hong Kong Patent (New System)

For those who do not have a patent in China, the UK, or Europe, or for those who desire a patent independent of foreign offices, there is now a solution. Launched in December 2019, the Original Grant Standard Hong Kong Patent (OGP) is directly handled by the Hong Kong Intellectual Property Department and is examined by local officers.

In June 2021, the first-ever standard patent was granted by the original grant route, marking a significant milestone in the Hong Kong patent system.

Key Features:

• Independence: The claims can be independent of any designated patent. If your UK patent is narrowed, your Hong Kong OGP remains unaffected.

• Direct Filing: This method could be directly filed in Hong Kong without any overseas prerequisite.

• Duration: The examination time takes about 2-5 years.

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The Original Grant Application Process

This patent system is very different from the traditional method. It aligns more closely with standard international patent practices, involving the issuance of a filing date, formal examination, publication, and substantive examination. Finally, the Hong Kong Intellectual Property Department (The Office) will notify the acceptance or rejection of the application.

1. Filing and Formal Examination

For the issuance of a filing receipt, we shall provide the patent specification and file the patent form (OP1 Form) to the Office. Upon the formal examination of the above documents, the officer will issue the filing receipt to the applicant which includes the filing date and the application number of the application.

Information required:

• Form OP1: The standard patent application form for Original Grant.

• Applicant Info: Full details of the applicant and inventor.

• References: Grant of designated patent (if applicable/reference, though not mandatory).

• Abstract: Abstract in both English and Chinese versions.

2. Publication

The Hong Kong Patent Office will publish the specification in the Hong Kong Intellectual Property Department Journal. The publication date is the same as a normal patent office; the patent specification will be published 18 months after the filing date of the application or the earliest date of the priority claim. The applicant could also request earlier publication of the patent specification if they wish to assert their rights sooner.

3. Substantive Examination

This is the core of the OGP route. The examiner will verify if your invention meets the requirements for patentability.

The Critical 3-Year Deadline:

For the timeline of substantive examination, the applicant should request substantive examination within 3 years after the filing date of the application or the earliest date of the priority claim.

• Warning: This deadline is non-extensible. The application will be deemed as withdrawn if the applicant does not request the substantive examination on time.

The Examination Process:

The examiner will examine the novelty, inventiveness, and industrial applicability of the application.

Responding to Office Actions:

An examination notice—commonly called an Office Action (OA)—will be issued if the application does not comply with the regulations (e.g., if the invention is not considered new).

• If the Registrar does not accept the response of the applicant, the Registrar will issue a “Provisional Decision of Refusal.”

• The applicant may file a request to review the provisional decision of refusal.

• If the Registrar still maintains the rejection, they will issue a review opinion followed by a further review opinion.

• Finally, if unresolved, the Registrar will issue a Final Decision to reject the patent application.

4. Grant and Publication

Finally, the patent application comes to the grant and publication stage. Upon examination, if the patent application meets all the examination requirements, the Registrar will grant and publish the patent in the Hong Kong Intellectual Property Department Journal. The applicant will receive the certificate of Hong Kong standard patent shortly afterward.

Cost & Timing:

• Official Fee: The total official cost is approximately HK$4,413.

• Timeline: The whole process takes about 2-5 years.

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Comparison: Which Route Should You Choose?

Deciding between the two routes is a matter of strategy and budget.

Choose the Re-registered (Traditional) Method if:

• You have already applied for a PRC, UK, or EPO patent.

• You are looking for a much lower cost (HK$686 vs HK$4,413).

• You are comfortable with the status of the Patent being correlated with the status of the designated patent.

Choose the Original Grant (New) Method if:

• You want to submit the application directly and have it examined in Hong Kong independently.

• You do not have a corresponding patent in the UK or China.

• You want to insulate your Hong Kong patent from the risks of revocation overseas.

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Short-Term Hong Kong Patent: The Fast Option

Sometimes, 20 years of protection is unnecessary, or you need immediate protection to stop an infringer. For this, we have the Short-Term Patent. Similar to a “Utility Model” found in other countries, this option is faster and requires fewer formalities initially.

The applicant is required to submit a P6 Form to the Registrar for application. The application form includes the name of the applicant and the name of the patent specification as well as the patent specification.

Filing Process and Requirements

If we submit the application to the Registrar by the e-filing system, they will immediately provide us with the filing date and filing number. If the applicant provides sufficient information to them, the Registrar will confirm the filing date and filing number.

Information required:

• Information about the applicant.

• A Search Report: This is mandatory for enforcement. It must be from either:

  • An International Searching Authority (ISA)

  • The State Intellectual Property Office (China)

  • The United Kingdom Intellectual Property Office

  • The European Patent Office

  • (Note: This report could be submitted to the Hong Kong Intellectual Property Department after the filing, but is required for validity).

Our Professional Service:

To get help to receive and get the filing date in a very efficient manner, we could receive our client’s instructions and provide them with the official filing number within hours. However, if there is any deficiency, the applicant has 2 months to correct and respond to the Registrar.

Grant and Publication

If the requirements of formal examination are met, the application could proceed to grant and publication. The Registrar will grant and publish the patent in the Hong Kong Intellectual Property Department Journal. The applicant will receive the certificate of Hong Kong standard patent shortly afterward.

Cost & Timing:

• Official Fee: The total official fee is HK$613.

• Timeline: The whole process of granting a short-term patent is about 4-6 months.

• Receipt: Our past experience takes about 1 month to receive a hard copy of the certificate from the Hong Kong Intellectual Property Department.

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Key Takeaway: Secure Your Hong Kong Patent Application Today

Navigating the difference between a Re-registered standard Hong Kong patent and an Original grant standard Hong Kong patent can be complex. The most critical factor is the deadline—whether it is the 6-month window for re-registration or the 3-year window for substantive examination.

At Patent and Design Limited, we specialize in managing these critical timelines. We communicate to the overseas firm and timely remind the status of the parent designated patent to avoid passing the deadline for the Hong Kong application.