Licensing and Commercialization Support

Business Registration in Hong Kong
Starting a business is an exciting venture, especially for students looking to turn their innovative ideas into reality. However, it can also come with challenges. Please refer to here and the e-service of HKSAR government for detail information regarding business registration.

Innovation drives success in every sector, from technology and healthcare to manufacturing and beyond. Protecting your intellectual property through a patent is a critical step for anyone looking to safeguard their unique inventions or ideas. If you have a brilliant concept, idea, or invention and would like to file a patent to protect it, consider filing for a patent locally or worldwide, depending on the level of protection you are seeking. Generally speaking, the wider the regions in which the patent has been filed, the more protection you will have. However, this can also be more costly and time-consuming.
Please refer to here and the Intellectual Property Department for further information.

Patent Filing in Hong Kong - A Simple Guide for Innovators
What is a Patent?
A patent grants the inventor exclusive rights to their invention, preventing others from making, using, or selling it without permission for a specified time. This protection fosters innovation by allowing inventors to reap the benefits of their work while promoting the advancement of technology and society as a whole.

Types of Patents in Hong Kong

Hong Kong offers three primary patent types, catering to different needs and invention lifecycles:

1. Standard Patent (Re-registration): This route is for patents already granted by designated patent offices, such as the China National Intellectual Property Administration (CNIPA), the European Patent Office (EPO), or the United Kingdom Intellectual Property Office (UKIPO). It provides protection for up to 20 years.
2. Standard Patent (Original Grant): This option allows inventors to file directly with the Hong Kong Intellectual Property Department (IPD) without relying on foreign patents. It also offers up to 20 years of protection.
3. Short-Term Patent: Designed for faster processing and generally lower costs, this type of patent is valid for up to 8 years and is ideal for innovations with shorter market lifespans.

The Patent Filing Process
Filing for a patent can initially seem daunting. However, the process can be simplified into clear steps:

1. Standard Patent (Re-registration)
   Step 1: File a "request to record" within 6 months of the publication of the designated patent application.
   Step 2: Submit a "request for registration and grant" within 6 months of the grant of the designated patent.
   Step 3: Pay annual renewal fees to maintain your patent.
2. Standard Patent (Original Grant)
   Step 1: File a standard patent application directly with the IPD.
   Step 2: Undergo a substantive examination by the IPD.
   Step 3: If the examination is successful, your patent will be granted.
   Step 4: Pay renewal fees to keep the patent active.
3. Short-Term Patent
   Step 1: Prepare the necessary documentation and obtain a search report from an accredited patent office.
   Step 2: Submit your application to the IPD.
   Step 3: Pay the required fees within one month of filing.
   Step 4: Typically receive a grant faster than with standard patents, and pay any renewal fees beyond the 4th year if extending protection.

Costs of Filing a Patent
Understanding the financial implications of patent filing is crucial. The official government fees vary based on the type of patent sought:
For Standard Patent (Re-registration):

• Request to record: HKD 275 (for electronic filing)
• Renewal fees: Range significantly depending on the age of the patent

For Short-Term Patent:

• Initial filing and advertisement fees apply, along with any late payment fees.

Additionally, legal or consultation fees from a registered patent attorney may range from several thousand to tens of thousands of Hong Kong dollars, depending on the complexity of the invention.

Additional Considerations

1. Financial Assistance: The Patent Application Grant (PAG) program provides financial support of up to HKD 250,000 or 90% of total costs to qualified applicants.
2. Priority Claims: If claiming priority from an earlier application, be sure to file within 12 months of the priority date for short-term patents.
3. Language Flexibility: Applications can be submitted in either English or Chinese.
4. PCT National Phase Entry: Hong Kong accepts applications via the Patent Cooperation Treaty (PCT), opening up international patent filing opportunities.

Conclusion
If you're considering taking this important step, don’t hesitate to discuss your ideas with us and seek assistance. Once you have thought it through, engaging a registered patent filing agent can greatly help you navigate the complexities of the patent process and ensure the best outcomes for your efforts.