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Asia Pacific
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Hong Kong

HK

Patent system, trademark registration, annuity management, and renewals in Hong Kong.

Authority

HKIPD

PCT

N/A

Madrid

Member

Before You Start

Before filing or quoting, you'll typically confirm these first

  1. 1

    Whether to pursue the Paris route, PCT national phase, or start with trademark registration in Hong Kong

  2. 2

    Which of patent filing, trademark registration, annuity, or renewal is the most urgent priority

  3. 3

    Whether to verify the official portal, search system, and key deadlines before moving to a quote or engagement

The sections below cover each module — use the navigation to jump directly to what you need.

Patent System & Process

Patent System in Hong Kong

Hong Kong patent protection is managed by HKIPD. Hong Kong offers two patent types: (1) Standard Patent, valid for 20 years; (2) Short-term Patent, valid for 8 years. **Hong Kong does not participate in PCT** — no direct PCT national phase entry is possible. Since December 2023, Hong Kong introduced the Original Grant Patent (OGP) system, allowing direct HKIPD applications for standard patents, bypassing the prior "re-registration" route.

Original Grant Patent (OGP, since 2023)
The **OGP (Original Grant Patent)** system officially launched on December 19, 2023, allowing direct applications to HKIPD for standard patents (previously requiring "re-registration" based on a grant from a designated patent office: Mainland China, EPO, or UK). **OGP key features:** - Applicant files directly with HKIPD; HKIPD conducts independent formal examination - A designated patent office (Designated Patent Office: CNIPA, EPO, or UKIPO) must conduct a search and preliminary examination report - Valid for 20 years from the filing date - OGP route coexists with the legacy re-registration pathway (Standard Patent based on designated office grant) during a transition period

Source: HKIPD OGP launch announcement; Patents (Amendment) Ordinance 2016

Standard Patent (Legacy Re-Registration Route)
**Re-registration route:** Requires a patent in one of three designated offices: (1) CNIPA (China) (2) EPO (Europe) (3) UKIPO (UK) Process: File a "Request for Recording" within 6 months of publication in the designated office, then an "Application for Registration and Grant" within 6 months of the designated office grant. **Note:** With the OGP system now available, new cases should consider the OGP route for independent Hong Kong patent rights, avoiding dependency on another country's grant.

Source: HKIPD Standard Patent (re-registration) procedures; Patents Ordinance (Cap. 514)

Short-term Patent
Short-term patents are valid for 8 years from filing: an initial 4-year term, renewable once for another 4 years. No substantive examination is required, but a search report from a HKIPD-designated search authority must be submitted. **Short-term patent advantage:** Fast — typically granted within 3–6 months. Suitable for rapidly evolving technology where quick rights are needed. **Limitation:** Only 8-year maximum term; weaker protection without substantive examination. For high-value inventions, consider pursuing a standard patent (via OGP) alongside or subsequently.

Source: Patents Ordinance (Cap. 514) — Short-term Patent

Hong Kong Does Not Participate in PCT
**Important:** Hong Kong is NOT a PCT member and cannot be entered via PCT national phase entry. To obtain patent protection in Hong Kong, one of the following routes must be used: 1. **OGP route (since 2023):** Direct application to HKIPD with a designated search office report. 2. **Re-registration route (traditional):** Based on a grant from CNIPA, EPO, or UKIPO. 3. **Short-term Patent:** Direct application with a search report; maximum 8-year term.

Source: HKIPD patent information; WIPO PCT member list

Trademark: Madrid Designation (via China) covering Hong Kong
Hong Kong participates in the Madrid system via China's membership (China joined in 1989). When designating China in a Madrid international application, the designator can explicitly extend coverage to Hong Kong and/or Macao (must be stated in the designation). **Note:** This is achieved by designating China and declaring extension to Hong Kong — not by designating "HK" as an independent member of the Madrid system.

Source: WIPO Madrid — China with HK/Macao extension

Patent Annual Fees
Hong Kong standard patents require annual fees to remain in force. Under the OGP route, annual fees are due from year 1 of the filing date (refer to HKIPD's official fee schedule). For short-term patents, a renewal application and fee must be filed before the end of the initial 4-year term to extend to year 8.

Source: HKIPD fee schedule; Patents Ordinance (Cap. 514)

Trademark System & Process

Trademark System in Hong Kong

Hong Kong trademarks are managed by HKIPD under a first-to-file system. Registrations are valid for 10 years from the application date, renewable indefinitely. Hong Kong trademarks are independent from Mainland China — separate applications are required. Protection can be obtained via direct HKIPD application or via the Madrid system (designating China with extension to Hong Kong).

Hong Kong Trademarks Are Independent from Mainland China
Mainland China trademark registrations do not extend to Hong Kong, and vice versa. Separate Hong Kong protection must be obtained via direct HKIPD filing or via Madrid designation of China with Hong Kong extension. **Practical note:** When planning China market IP strategy, address Mainland China trademarks and Hong Kong trademarks separately.

Source: HK Trade Marks Ordinance (Cap. 559); HKIPD guidance

Examination Process
HKIPD examines absolute grounds (distinctiveness, etc.) and relative grounds (conflicts with earlier registrations). Upon approval, the application is published for opposition (approximately 3 months). Registration is issued if no successful opposition.

Source: HK Trade Marks Ordinance (Cap. 559)

Term and Renewal
Registrations are valid for 10 years from the application date, renewable indefinitely. Renewals may be filed within 6 months before expiry; a post-expiry grace period applies with a surcharge. No proof of use is required for renewal.

Source: HK Trade Marks Ordinance (Cap. 559) §47

Non-Use Cancellation
Five years after registration, any person may apply to revoke a trademark that has not been genuinely used for any continuous 3-year period. The registrant bears the burden of proving use or providing reasonable excuses.

Source: HK Trade Marks Ordinance (Cap. 559) §52

Filing Language
Applications may be filed in English or Chinese (Mandarin/Traditional Chinese). Chinese-character trademarks may have higher recognition in the Hong Kong market (Mandarin and Cantonese). For brands targeting local Hong Kong consumers, consider filing Chinese character versions of marks.

Source: HKIPD trade mark filing guide

Patent Annuity

Hong Kong Patent Annuities

Hong Kong standard patents (OGP route) require annual fees from year 1 of the filing date; late payment grace periods apply with a surcharge. Short-term patent renewal must be filed before the end of the initial 4-year term to extend to the maximum 8-year term. Refer to HKIPD's official fee schedule for current rates.

Source: HKIPD fee schedule

Trademark Renewal

Hong Kong Trademark Renewals

Hong Kong trademark renewals are every 10 years. No proof of use required. Renewals may be filed within 6 months before expiry; a post-expiry grace period applies with a surcharge.

Source: HK Trade Marks Ordinance (Cap. 559) §47

FAQ

Common Questions — Hong Kong IP

Is Hong Kong a member of PCT?
No. Hong Kong is not an independent PCT member. Patent protection in Hong Kong must be obtained via the OGP (direct application), re-registration route (based on CNIPA/EPO/UKIPO grant), or a Short-term Patent application.
What is the OGP (Original Grant Patent)?
OGP is a new Hong Kong patent system launched in December 2023, allowing direct applications to HKIPD for standard patents without requiring a prior grant from CNIPA, EPO, or UKIPO. A designated search office report is required. Valid for 20 years. This is now the preferred route for obtaining independent Hong Kong patent rights.
How do I obtain patent protection in Hong Kong?
Three routes are available: 1. OGP (available since December 2023): Direct HKIPD application with a designated search office report 2. Re-registration route: Based on a grant from Mainland China, EPO, or UKIPO, file within the required deadlines 3. Short-term Patent: Direct application with a search report; maximum 8-year term; no substantive examination; faster to obtain
Do Hong Kong and Mainland China trademarks cover each other?
No. Hong Kong trademarks are only valid in Hong Kong; Mainland China trademarks are only valid in Mainland China. Separate applications must be filed. Mainland protection: CNIPA direct filing. Hong Kong protection: HKIPD direct filing or Madrid designation of China with HK extension.
Can I obtain Hong Kong trademark protection via the Madrid System?
Yes, but indirectly. When designating China in a Madrid international application, you can explicitly declare extension to Hong Kong (and/or Macao). A single international application can thereby cover both Mainland China and Hong Kong. Note: 'HK' cannot be designated independently as a Madrid member — protection is through China's membership with extension.
How long is a Hong Kong Short-term Patent valid?
Maximum 8 years: Initial 4-year term, renewable once before expiry for an additional 4 years (year 8 maximum). No further renewal after year 8. Short-term patents have no substantive examination; a search report is required.
What is the IP enforcement environment in Hong Kong?
Hong Kong has an independent common law judicial system, completely separate from Mainland China's legal system. Hong Kong courts have substantial IP case experience with rich case law, and enforcement efficiency is high. Trade secrets, copyrights, patents, and trademarks can all be protected through Hong Kong courts. Hong Kong is widely regarded as one of the more favorable IP enforcement jurisdictions in Asia-Pacific.
Can a Mainland China patent automatically obtain protection in Hong Kong?
No. Hong Kong is a separate legal jurisdiction; Mainland China patents do not automatically extend to Hong Kong. However, an existing CNIPA grant can be used as the basis for a Hong Kong standard patent via the re-registration route (file with HKIPD within 6 months of the CNIPA grant).

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