Patents Examination Guidelines - Section 13 - Patent applications Overview of patent application process

Sep 19, 2026

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Hong Kong SAR Government Patents Examination Guidelines outline the patent application process under the Ordinance, focusing on standard patents and short-term patents. The document explains protection limits (20 years for standard patents, 8 years for short-term patents) and distinguishes two standard routes: original grant (O) and re-registration (R). It details form filings (OP1, P4, P5), publication and advertising timelines, and the Registrar’s substantive or formality examination scope, including ordre public and morality exclusions.

LanguageEnglish

CategoryLetters

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Pages27

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Patents Examination Guidelines

Section 13: Patent applications Overview of patent application process

Types of patents and protection terms

Standard patent (O) applications

Filing requirements and examination

Publication and advertising

Registrar omissions and exclusions

Standard patent (R) applications

Designated patent offices and designated patents

Stage 1: record a designated patent application

Stage 2: registration and grant

Publication, certification, and advertising

Short-term patent applications

03.10.2025 Patents Registry Intellectual Property Department Hong Kong SAR Government Patents Examination Guidelines Section 13: Patent applications Overview of patent application process 13.1. Under the Ordinance, two kinds of patents are granted in the Hong Kong SAR􀁿 (a)“standard patent” with a maximum protection term of 20 years; and (b)“short-term patent” with a maximum protection term of 8 years. 13.2. In respect of standard patent, there are two alternative application routes for grant􀁿 (a) the “original grant” patent route for “standard patent (O)”; or (b) the “re-registration” route for “standard patent (R)”. 13.3. Accordingly, to apply for protection of an invention in the Hong Kong SAR, an applicant may opt to file one of the following types of patent applications with the Registrar􀁿 (a) a standard patent (O) application; (b) a standard patent (R) application; or (c) a short-term patent application. Standard patent (O) applications 13.4. A standard patent (O) application can be filed in Patents form OP1 with the Registrar directly without filing any previous corresponding patent application elsewhere in support (cf. the precondition for filing a standard patent (R) application in section 13.6 of these Guidelines) . 13.5. A standard patent (O) application is subject to both formality and substantive examination. (a) If the application has been accorded a date of filing and also has been found by the Registrar to have satisfied all formal requirements, the Registrar will􀁿 (i) publish the application as filed, together with any subsequent amendment of the application, as soon as practicable on the expiry of 18 months after the accorded date of filing or the earliest priority date claimed, unless the application is withdrawn or refused before preparations for its publication are completed by the Registrar; and (ii) advertise the fact of the publication by notice in the official journal.(section 37Q of the Ordinance; section 31Z of the Rules) (aa) In publishing a standard patent (O) application, the Registrar may omit from the specification contained in the application any matter that, in the Registrar’s opinion,— (i) disparages any person in a way likely to damage the person; or (ii) the publication or working of which would be— 􀁸 contrary to public order (“ordre public”) or morality; or 􀁸 likely to encourage offensive, immoral or anti-social behavior.(section 37Q(3) of the Ordinance) (b) After publication of the application and upon receiving a request by the applicant and the prescribed fee, the Registrar will conduct substantive examination as to whether the invention underlying the standard patent application fulfills, amongst others, the patentability requirements (see section 15 of these Guidelines) . Standard patent (R) applications 13.6. The filing of a standard patent (R) application with the Registrar must be based on an earlier corresponding patent application (“designated patent application”) filed with one of the following three “designated patent offices” for a corresponding patent grant (“designated patent”)􀁿 (a) the CNIPA (formerly known as the “State Intellectual Property Office”); (b) the EPO, in respect of a patent designating the United Kingdom; and (c) the UKIPO. 13.7. A standard patent (R) application is mainly subject to formality examination, and is made in two stages by filing: (a) a request to record a designated patent application (stage 1); and then (b) a request for registration of a designated patent and grant of a standard patent (R)(stage 2) . 13.8. In stage 1, a request to record should be filed in Patents form P4 with the Registrar within six months (which is non-extendible) after the date of publication of the designated patent application. If the request to record has been accorded a date of filing and has also been found by the Registrar to have satisfied all formal requirements, unless the Registrar considers tha

FAQs

What are the two kinds of patents granted in Hong Kong SAR, and what are their maximum protection terms?

Hong Kong SAR grants a standard patent with a maximum protection term of 20 years, and a short-term patent with a maximum protection term of 8 years.

What are the two alternative routes for granting a standard patent in Hong Kong SAR?

The standard patent can be granted via the “original grant” route for standard patent (O) or the “re-registration” route for standard patent (R).

What filings and key steps apply for a standard patent (R) application?

A standard patent (R) application is based on an earlier designated patent application filed at CNIPA, EPO (for a UK-designating patent), or UKIPO. It is made in two stages: file a stage-1 request to record in form P4 within six months of the designated publication, then file a stage-2 request for registration and grant in form P5 within six months of the designated grant date or publication of the request to record, whichever is later.

Sep 19, 2026

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