Design Registration & Patents

A patent granted in Hong Kong is independent of one granted by the designated office in which the patent was based, including any action under which it is be tested for validity, enforced, amended and rectified in Hong Kong.

The patent system in Hong Kong is designed to protect inventions and new technical ideas of practical use. Protection requires the invention be new (and not within an excluded class of inventions), involve an initiative step and be industrially applicable. There are two types of patents in Hong Kong: Standard and Short-Term. A patent owner has exclusive right to use and prevent others from using the patented invention in Hong Kong.

“Standard” Patent

A “Standard” patent provides maximum protection of 20 years, subject to annual renewals following the third year. There is no ‘original’ application procedure commencing in Hong Kong for granting a “Standard” patent; instead, the application is based on registration of a patent granted in any of the following patent offices:

State Intellectual Property Office in Mainland China;
European Patent Office, in respect of a patent designating the United Kingdom; and
United Kingdom Patent Office.
A successful application takes approximately 6 months from the date of application in Hong Kong.

“Short-Term” Patent

A “Short-Term” patent provides maximum protection of 8 years, subject to renewal after the fourth year. This is most suitable for inventions with a projected shorter commercial life. An original application is brought in Hong Kong and the entire process takes approximately 3 months.

An important distinction in enforcement of a granted “Standard” patent and “Short-Term” patent is that the latter is insufficient to ensure the patent right can be enforced. A court may still require the owner prove that the patent based on which the “Short-Term” patent was granted is actually valid.

A granted patent can be amended or revoked in Hong Kong and must be renewed in Hong Kong for continuing protection.

Patent Services

We also assist clients registering patents in Mainland China and other international jurisdictions using our associations and networks with law firms internationally.