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Renewal fees in Hong Kong must be paid by certain dates. In this section, you will find a description of how these renewal due dates are calculated, both the very first renewal due date and all subsequent renewal due dates.
No annuities are due from the start of the application process. The first renewal is paid on the fifth anniversary of the filing date after the application has been published to the Intellectual Property Department. During the patent application phase, the annuity fee remains consistently set at 270 HKD.
For example, if the filing date of a patent is 2018-03-19, and the publication date is 2023-01-15, then the first anniversary of the filing date after publication will be 2023-03-19. This means that the first renewal after publication must be paid by 2028-03-19.
After the first renewal has been paid, all subsequent annuities must be paid annually on the anniversary of the filing date. The due date should be the month and date corresponding to the filing date.
For example, if the filing date was on November 9, then all subsequent annuities will be due on November 9 each year.
Once the patent is granted, the calculation of the renewal due date changes. The first renewal after grant is paid to the Intellectual Property Department 3 years after the first anniversary of the filing date after grant.
For example, if the filing date of a patent is 2018-03-19, and the grant date is 2023-01-15, then the first anniversary of the filing date will be 2023-03-19. This means that the first renewal after grant must be paid by 2026-03-19.
After the first renewal has been paid, all subsequent annuities must be paid annually on the anniversary of the filing date. The due date should be the month and date corresponding to the filing date, and the renewal fee will follow the schedule detailed in the table on the right.
For example, if the filing date was on November 9, then all subsequent annuities will be due on November 9 each year.
In Hong Kong, there are other types of intellectual property besides patents. These include Utility Models and Designs.
We are currently working on articles which will explain the rules for the renewal of these types of intellectual property. If you need any help renewing these and are looking for a cost-efficient solution, get in touch with us.
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In Hong Kong, the renewal fee will vary depending on whether your patent has been granted or not. During the application process, the renewal fees will be lower, and after the grant, the renewal fees will be higher. Both fee schedules can be found on this page.
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There are no annuities due in Hong Kong before the patent is published. Once the patent has been published, annuities must be paid annually in accordance with the rules described above under the section Due Dates.
The renewal fee in Hong Kong can be paid up to 3 months before the renewal due date. It is important to note that the renewal fee cannot be paid earlier than this. Any payments made before the opening of the payment window will result in the payment being rejected.
Yes, it is possible to renew a Hong Kong patent after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 6 months is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the patent, both the renewal fee and the surcharge fee will have to be settled.
For example, if a patent has a renewal due date of 2021-05-31 and the due date is missed, the patent will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-11-30. Failure to pay these fees before the surcharge due date will result in the patent lapsing.
No, local representation is not necessary in order to carry out a renewal in Hong Kong. Anyone can renew a patent in Hong Kong if they submit the payment in accordance with the national regulations.
A patent will stay in force for 20 years in Hong Kong from the filing date if successfully renewed in accordance with the rules described above. If the patent is not renewed, it will lapse by the end of the grace period measured from the latest renewal due date.
