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While a patent is in the pending application stage, maintenance fees are due. You are obliged to pay maintenance fees to the Intellectual Property Department of Hong Kong (HKIPD) to maintain the patent. The first maintenance fee will be due on the anniversary of the patent’s filing date after 5 years from the publication of the patent application. The renewal due date for all subsequent renewals will fall on the anniversary of the filing date.
For example, if the filing date of a patent is 2009-09-11, and the publication date of the patent is 2012-05-04, the first anniversary of the filing date after the publication date falls on 2012-09-11. You will only have to settle the first renewal fee starting from the 5th year from the first anniversary of the patent's filing date on 2017-09-11. The next annuity will be due renewal on 2018-09-11 (from the anniversary of the filing date).
In the event that the patent is granted after 5 years from the date of filing, you will have to settle the renewal fees on the anniversary of the patent’s filing date after 3 years of the grant of the patent application. The renewal due date for all subsequent renewals will fall on the anniversary of the filing date.
For example, if the filing date of a patent is 2009-09-11, and the grant date of the patent is 2015-02-06, the next anniversary after the publication date falls on 2015-09-11. You will have to settle the first renewal fee 3 years after the grant of the patent on 2018-09-11. The next annuity will be due on 2019-09-11 (anniversary of the filing date).
In Hong Kong, there are other types of intellectual property apart from standard patents, known as short-term patents and industrial designs. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that they can be renewed through us.
Intellectual Property Type #1 - Short-term Patents in Hong Kong
A short-term patent right in Hong Kong is valid for 10 years, from the filing date and is renewable once. The renewal fee is due once on the 4th anniversary of the short-term patent’s filing date upon the grant of the application. For example, if the filing date of the short-term patent is 2002-12-09, and the grant date is 2003-05-16, the renewal due date is 2006-12-19.
Intellectual Property Type #2 - Industrial Designs in Hong Kong
A design right in Hong Kong is valid for 25 years, from the filing date. The renewal fees of a design right are due after the fifth, tenth, fifteenth and twentieth year. Initially, a registered design is protected for 5 years. In order to maintain the protection beyond the initial 5-year period, one will have to pay renewal fees before the end of the current period of registration but not earlier than three months immediately before the end date. You can make a ‘late renewal’ up to 6 months after the renewal date by paying a higher fee.
Patent maintenance fees need to be paid starting from the 5th year from the first anniversary of the patent's filing date after the publication date. The renewal fee is different for granted and ungranted standard patents in Hong Kong. For further clarification, please refer to the cost breakdown below.
The first maintenance fee will be due on the anniversary of the patent’s filing date after 5 years of the publication of the patent application. The renewal due date for all subsequent renewals will fall on the anniversary of the filing date.
For example, if the filing date of a patent is 2009-09-11, and the publication date of the patent is 2012-05-04, the first anniversary of the filing date after the publication date falls on 2012-09-11. You will only have to settle the first renewal fee starting from the 5th year from the first anniversary of the patent's filing date on 2017-09-11. The next annuity will be due renewal on 2018-09-11 (from the anniversary of the filing date).
Prior to a patent being granted in Hong Kong, it falls into what is known as the filing stage. A patent in Hong Kong is typically granted between three to four years from the filing date. You will start paying renewal fees in Hong Kong irrespective of whether the patent is granted or not.
The payment window opens three months before the renewal fees are due. No renewal fees can be settled prior to this window opening.
There is a 6-month grace period given, whereby the renewal fees can still be settled. When entering this grace period, you will incur a penalty fee in addition to that of the initial annual fee for the corresponding year. The penalty fee for late payment is 95.00 HKD for standard patent applications before grant and 270.00 HKD for granted standard patents. Failure to settle this fee during the grace period will lead to the patent being expired.
You can either appoint a registered patent agent with the Intellectual Property Department of Hong Kong (HKIPD) or, one can also send renewal fees if one has a residential address in Hong Kong.The payments can be made through a bank draft, credit card or through their E-filing system.
In order to maintain a patent in Hong Kong, renewal fees need to be settled annually with the patent office of Hong Kong. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. If you want to maintain the patent, the renewal fees are mandatory, if not paid the patent will lapse.
