Hong Kong belongs to the following patent-related international treaties:

• Paris Convention
• Patent Cooperation Treaty ("PCT")
• TRIPS
• Other: the People’s Republic of China has applied the Paris Convention to Hong Kong and Hong Kong citizens can file PCT applications at the China National Intellectual Property Administration ("CNIPA") as nationals of China; a PCT application cannot enter directly into Hong Kong, but the Chinese, UK or EP(UK) national/regional phases of a PCT may be registered in Hong Kong.

Inventions protections available in Hong Kong include:

• Inventions

The following subject matter is excluded from patent protection in Hong Kong:

• Methods of medical treatment or diagnosis
• Computer programs
• Business methods
• Other: Discovery, scientific theory or mathematical method; an aesthetic creation; scheme, rule or method for performing a mental act or playing a game; the presentation of information; inventions contrary to the order public, a plant or two animal variety; an essentially biological process for the production of plants or animals, other than a microbiologic process or the products of such processes.

Documents and information required for filing a national patent application in Hong Kong include:

• Name and address of the applicant(s)
• Name and address of the inventor(s)
• Other: short-term and standard original grant patent applications require a specification and abstract, standard re-registration patents require a copy of the published designated patent in China, UK or EPO(UK)).

Yes, it is possible to request early publication or a deferment of publication in Hong Kong. Early publication may be requested for original grant standard patent applications. 

Yes, the applicant has a provisional right upon publication of an application in Hong Kong. After grant, the patent owner has the right to bring proceedings for damages in respect of infringements occurring between publication and grant if both the published and granted claims are infringed.

It is possible to file a voluntary amendment to specification in Hong Kong at the following times:  

• At any time during prosecution (for short-term and standard original grant patents an amendment may be made);
• Other: For standard re-registration patents, a record in Hong Kong may be amended if the designated patent application has been amended.

Yes, it is required to file a request for substantive examination in Hong Kong. It is not required for short-term or standard re-registration patents, standard original grant patent applications require a request for substantive examination within three years of the filing or priority date (if applicable).

No, there is no third-party opposition procedure upon publication or after grant in Hong Kong. 

The time period from application to grant in Hong Kong varies. Standard re-registration patents are typically granted 9-15 months after grant of the designated UK, Chinese or European patent; the time to grant for a standard original grant patent is unknown as the system is less than a year old, but it is expected that no office actions would be unusual and if no office action issued then 1-1.5 years would be typical. A short-term patent application should be granted within 6-15 months of filing depending on how early the search was requested and submitted to the Hong Kong registry.

No, there is no process for accelerated examination of an application in Hong Kong. 

Yes, it is required to pay an annuity to maintain the validity of a patent in Hong Kong. 

Yes, late payment of an annuity is permissible in Hong Kong. This is payable up to six months after the initial deadline.

Available enforcement methods in Hong Kong include:

• Civil enforcement

Yes, three types of invention patent are available in Hong Kong:

• short-term patents which have a maximum term of eight years and for which substantive examination is optional;
• standard original grant patents which undergo substantive examination and have a maximum term of 20 years; and
• standard re-registration patents which also have a maximum term of 20 years and are based on a corresponding designated Chinese, UK or European (designating the UK) patent.

Standard registration patents are obtained via two steps, the first step is to record the designated patent in Hong Kong within six months of publication of the designated patent application and the second step is to record grant of the designated patent in Hong Kong within six months of the grant of the designated patent.