Hong Kong
Hong Kong

How to Renew a Patent in Hong Kong?

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). 

Renewal Fees by Intellectual Property Type

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.

Written and edited by the PatentRenewal.com team
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Patent Renewal Fee Intervals in Hong Kong

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.

Patent Year Official Renewal Fee for Standard Patent Application Before Grant (HKD) Official Renewal Fee for Standard Patent After Grant (HKD)
1
2
3
4 270 140
5 270 140
6 270 140
7 270 140
8 270 370
9 270 370
10 270 370
11 270 520
12 270 520
13 270 520
14 270 670
15 270 670
16 270 670
17 270 820
18 270 820
19 270 820
20 270 970
Patent Year
Official renewal fee for patent (EUR)
3
490
4
610
5
1090
6
1210
7
1330
8
1450
9
1640
10
1640
11
1640
12
1640
13
1640
14
1640
15
1640
16
1640
17
1640
18
1640
19
1640
20
1640

Hong Kong Patent Renewal Fees FAQ

When is the first patent renewal fee due in Hong Kong?
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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). 

What happens to a patent in Hong Kong before it has been granted?
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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.

What are the due dates and payment windows?
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The payment window opens three months before the renewal fees are due. No renewal fees can be settled prior to this window opening.

Can I renew a patent after I miss a renewal deadline?
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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.

Do I need assistance from the local council?
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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.

How long do patents last in Hong Kong?
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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.

How can I contact the Hong Kong Patent Office?

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You can get in touch with the Intellectual Property Department of Hong Kong via email or phone;

Email: enquiry@ipd.gov.hk  

Phone: (852)2838 6315

For more information on the renewal process in Hong Kong, visit the link to their official website. You can search for patents here.

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