Patents in Hong Kong: standard patents and short-term patents explained

Hong Kong Patents Standard Short-Term: Two Routes to Protection

Hong Kong operates a dual patent system. Inventors choose between standard patents and short-term patents, each built for different commercial needs and timelines. An original grant patent system operates alongside the route based on a designated patent office. Applicants can obtain a Hong Kong standard patent either by re-registering a patent already granted elsewhere or by applying directly to the Intellectual Property Department for original examination.

Hong Kong Standard Patent

A Hong Kong standard patent provides protection for up to 20 years from the filing date, subject to annual renewal fees. It is the more rigorous of the two patent types and requires substantive examination of the invention’s novelty, inventive step and industrial applicability.

Two routes lead to a standard patent. The designated patent office route relies on a patent already granted by one of three recognised offices: the State Intellectual Property Office of China, the European Patent Office (designating the UK), or the United Kingdom Intellectual Property Office. The applicant files a request for registration and a request for publication based on the granted patent. The original grant patent Hong Kong system, introduced to allow direct filing and examination without a prior grant from a designated office, is the second route. The Intellectual Property Department examines the application itself, patent specification, claims, and all, to determine whether the invention meets the statutory requirements.

The application process for a standard patent involves two stages. Stage one is the request to record the designated patent application or the original filing. Stage two is the request for registration and grant, which occurs after the patent has been granted or examined. The Intellectual Property Department publishes the application for opposition after the request for registration. If no opposition is filed, the patent is registered and a certificate of grant is issued. The same outcome follows if opposition is filed and fails.

Hong Kong Short-Term Patent

A Hong Kong short-term patent is designed for inventions with a shorter commercial life or for incremental innovations that may not meet the inventive step threshold for a standard patent. It provides protection for a maximum of eight years from the filing date, with renewal due after four years.

The short-term patent application is simpler and faster than the standard patent route. The applicant files a single request for grant, accompanied by a patent specification including claims and any necessary drawings. The Intellectual Property Department does not conduct a substantive examination of novelty, inventive step or industrial applicability at the filing stage. It checks only formal requirements. The patent is granted and published quickly, typically within a few months.

The short-term patent has a significant limitation. The holder must file a search report from an authorised searching authority within a prescribed period after the grant. The search report must cover the claims of the patent. If the search report is not filed on time, the patent lapses. The short-term patent is subject to opposition after grant. A third party may request invalidation on grounds that the invention lacks novelty or an inventive step.

Hong Kong Patent Application: Basic Process

The Hong Kong patent application process differs depending on whether the applicant seeks a standard or short-term patent. For a standard patent via the designated office route, the applicant must first file the application in a designated patent office and wait for grant before proceeding in Hong Kong. For an original grant patent Hong Kong application, the applicant files directly with the Intellectual Property Department.

The application must include a patent specification containing a description of the invention, claims defining the scope of protection, any drawings, and an abstract. The claims must be clear and supported by the description. The applicant must also pay the prescribed filing fee and, for standard patents, the fee for the request to record or the request for registration.

The Intellectual Property Department examines the application for compliance with formal requirements. For standard patents, substantive examination follows. For short-term patents, no substantive examination occurs at filing, but the search report requirement ensures some level of prior art review after grant.

Original Grant Patent Hong Kong

The original grant patent Hong Kong system, introduced under the Patents (Amendment) Ordinance 2016, allows inventors to obtain a standard patent without first securing a grant from a designated patent office. This route is particularly useful for inventions that are not being filed in China, the UK or Europe, or for applicants who prefer direct examination by the Hong Kong Intellectual Property Department.

The applicant files a complete application with the Intellectual Property Department, including a patent specification and claims. The department examines the application for novelty, inventive step and industrial applicability. If the examination is positive, the department publishes the application and invites opposition. After the opposition period closes, the patent is registered and granted.

The original grant patent Hong Kong route follows the same timeline and renewal requirements as the designated office route. The patent lasts 20 years from the filing date, subject to annual renewal fees. The examination process is thorough and may take several years. The result is a Hong Kong patent that has been independently assessed by the local patent office.

Comparison of Standard and Short-Term Patents

The table below summarises the key differences between the two patent types.

Practical Considerations for Business Owners

When deciding between a standard patent and a short-term patent, consider the commercial value and lifespan of the invention. A standard patent offers longer protection and stronger legal certainty because the examination confirms the invention meets the statutory criteria. A short-term patent is faster and cheaper to obtain but provides weaker protection because it is not examined before grant.

Both patent types require the invention to be new, involve an inventive step and be capable of industrial applicability. The difference lies in the level of scrutiny applied by the Intellectual Property Department. For a short-term patent, the burden of proving validity falls on the patent holder if the patent is challenged.

Applicants should also consider the territorial scope. A Hong Kong patent protects the invention only within Hong Kong. For protection in other jurisdictions, separate applications must be filed in each country or region.

For further details on filing procedures, fees and forms, consult the Intellectual Property Department website at ipd.gov.hk. The Patents Ordinance (Cap. 514) and the Patents (General) Rules (Cap. 514A) govern the system. Legal advice is recommended before filing a patent application, particularly for complex inventions or where international protection is needed.