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Information on Hong Kong Standard Patent Procurement

( Revised in 2006 )

It is intended to give the applicant the basic information as to how to apply for a standard patent application in Hong Kong, as well as the service we provided.

Under the Hong Kong Patent Ordinance, effective as of June 27, 1997, a standard patent in Hong Kong is obtained by the way of the registration of a designated patent issued by any of following 3 designated Patent Offices:

- The SIPO, i.e. the Chinese Patent Office;
- The European Patent Office (EPO), in respect of a patent designating the United Kingdom; and
- The United Kingdom Patent Office.

The Hong Kong Patent Registry only carries out the formal examination, and does not conduct substantive search or examination to the novelty and inventiveness of the standard patent applications. To seek patent protection in Hong Kong, the applicant shall follow a two-stage registration procedure.

Stage 1  should be made by the way of filing a request to record any of the following 3 designated patent applications, i.e., the Chinese patent application (CN patent application), EP (UK) patent application or UK patent application.

Stage 2  should be accomplished by filing a request for registration and grant, after the grant of the designated patent.

 

Stage 1: Filing a request to record

Deadline

- Within 6 months from the date of the publication of designated patent application

Documents required

a) For filing a CN-based application in Hong Kong 

- An order letter indicating the Chinese patent application number

b) For filing a UK-based or EP-based application in Hong Kong 

- An order letter indicating designated patent application number 
- A copy of the specification published by the UK or European Patent Office

If this European application is derived from a PCT application, the following documents are also required.

- A copy of the publication of the PCT application
- A copy of the form 1219 issued by EPO that reflects the EP publication date and publication number 

Estimated cost for Stage 1

Official fee

(RMB / US$ equivalent)

Attorney fee

(RMB / US$ equivalent)

Total fee 
Exclusive of any Disbursements 
(RMB / US$ equivalent)
477 / 59
3315 / 409
3792 / 468

Current rate: 1 US Dollar = 8.09 Chinese RMB

Our debit note is issued in the Chinese currency RMB instead of US dollars. However, for your easy reference and payment, the US dollar equivalent of the total amount is also indicated in our debit note. You may remit the payment either in US dollar or in Chinese currency RMB.

Examination and publication of the request to record in Hong Kong

After receiving a request to record a designated patent application, the HK Patent Registry will undertake a formal examination. If it finds the application to be in conformity with the minimum requirements of the Hong Kong Patent Ordinance, it will issue an Official Filing Receipt showing the HK application number and the accorded date for Stage 1 registration.

Subsequently, in about 3 months from the HK filing date, the Hong Kong Patent Registry will issue a Notification of the Publication of the Request to Record informing the applicant of the publication date and number, and advertise it in the Hong Kong IP Journal (http://www.ipd.gov.hk/eng/ip.journal.htm).

For your information, during a period from the publication of the request to record in Hong Kong till the grant of the designated patent, the applicant need NOT take any step in Hong Kong, except for the payment of the maintenance fee, if necessary.

Payment for the first maintenance fee

If Stage 2 registration has not been made until 5 years after publication of the request to record, the applicant shall pay maintenance fee to keep the application in force. Failure to pay the maintenance fee will result in the HK patent application to be deemed withdrawn.

For your easy reference and kind attention on the payment for maintenance fee, we will regularly send you a reminder letter indicating the due date for payment and detailed amount thereof, due to the complexity of calculating the due date for payment of the first maintenance fee.

Cost for the payment of the maintenance fee

Official fee

(RMB / US$ equivalent)

Attorney fee

(RMB / US$ equivalent)

Total fee 
Exclusive of any Disbursements 
(RMB / US$ equivalent)
288 / 36
415 / 51
727 / 90

Current rate: 1 US Dollar = 8.09 Chinese RMB
 

Our special service before initiating Stage 2

a) Watching on the publication of the grant of the corresponding Chinese patent application

To ensure Stage 2 registration procedure being timely filed in Hong Kong, we will also keep watch on the grant of the corresponding Chinese patent application on which the HK case is based, if the CN case is handled by this firm. 
 

b) Reminder of filing Stage 2 registration

Due to the importance of duly initiating Stage 2 registration, we will regularly send you our reminder letter, drawing the applicant's special attention to the grant of the designated patent, especially for the EP-based or EP(UK) based applications being handled by other agents.

We shall also appreciate it if you could voluntarily keep watch on the grant of the designated patent at your side, or make a note on your file in order to avoid missing this very important deadline.

 

Stage 2 : Filing a request for registration and grant

After the grant of the designated patent application, it is necessary for the applicant to timely initiate Stage 2 registration so as to have a standard patent application granted in Hong Kong. Failure to timely file Stage 2 registration will irrevocably result in the abandonment of the standard patent application under the Hong Kong Patent Ordinance.

Deadline

- Within 6 months from the announcement date of grant of designated patent

Please note the time limit for filing Stage 1 and Stage 2 registration is Non-extensible.

Documents required

- An order letter instructing us to proceed with Stage 2 registration

- A photocopy of the granted patent specification issued by the designated Patent Office

Estimated cost for Stage 2 registration, including the Patent Certificate

Official fee

(RMB / US$ equivalent)

Attorney fee

(RMB / US$ equivalent)

Total fee 
Exclusive of any Disbursements 
(RMB / US$ equivalent)
477 / 59
4390 / 543
4867 / 602

Current rate: 1 US Dollar = 8.09 Chinese RMB

Examination and publication of the request for the registration and grant

Similar to the examination procedure for Stage 1, after the submission of the request for registration and grant, the Hong Kong Patent Registry will undertake a formal examination. If it finds the application to be satisfied with the requirement of the Patents Ordinance, it will issue an Official Notification indicating the recorded filing date for Stage 2 registration, and further issue a Notice of Publication of the Registration and Grant of a Standard Patent.

Issuance of the Certificate of Grant of Standard Patent

In about 3 months from the recorded date for Stage 2 registration, the Hong Kong Patent Registry will finally issue a Certificate of Grant of Standard Patent showing the HK Patent number and term of standard patent, together with a cover page of standard patent specification indicating the details of the bibliographic data.

Payment for annuity

The annuity shall be paid before the expiry of the 3rd or any succeeding year from the anniversary of the filing date of the designated patent first occurring after the publication of the request for grant and registration.

We will regularly send you a reminder letter indicating the due date for payment of renewal fee and detailed amount thereof.

Cost for the payment of the annuity

Official fee
Per year
(RMB / US$ equivalent)
Attorney fee
Per year
(RMB / US$ equivalent)
Total fee 
Exclusive of any Disbursements 
(RMB / US$ equivalent)
575 / 71
830 / 102
1430 / 176

Current rate: 1 US Dollar = 8.09 Chinese RMB

Duration of standard patent:

The term of a standard patent is 20 years from the filing date of the designated patent application.

If you have any further question, please contact us by either facsimile or
email at mail@ccpit-patent.com.cn or dujy@ccpit-patent.com.cn