Patent Maintenance in Hong Kong
After being granted a patent, it's crucial to maintain it by paying annual maintenance fees. Failure to do so could result in the patent lapsing and loss of protection for the invention


After being granted a patent, it's crucial to maintain it by paying annual maintenance fees. Failure to do so could result in the patent lapsing and loss of protection for the invention
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Preparing the documents for patent maintenance and handling government fees.
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Patent Maintenance in Hong Kong: Key Rules, Deadlines, and Practical Guidance
Maintaining exclusive rights to an invention is crucial for ensuring continuous protection of intellectual property. The process of upholding patent rights involves timely payments and compliance with local regulations. Understanding how renewals work, when charges are due, and what happens in case of missed deadlines can help right holders avoid unnecessary risks.
Types of Patents and Their Maintenance Requirements
In Hong Kong, there are two main types of protection: standard and short-term patents. Each type has its own system for keeping rights in force:
- Standards are initially granted for 20 years, subject to annual extension after the end of the third year.
- Short-terms are valid for a maximum of 8 years, split into an initial 4-year term and an optional prolongation for another 4 years.
Although short-term rights do not require annual payments, the renewal after the initial 4-year period must be completed on time to retain enforceability.
Patent Renewal Deadlines and Fee Structure
For standard registrations, the first upkeep charge must be paid before the fourth anniversary of the filing date. After that, yearly payments are required until the maximum duration of protection is reached. Missing a deadline can lead to loss of rights, though there is usually a grace period with a penalty.
Charges increase progressively over time. This structure encourages applicants to reassess the commercial value of their asset regularly. All amounts are listed on the official website of the Intellectual Property Department (IPD) and can be settled electronically.
Steps to Maintain a Patent in Hong Kong
To keep protection active follow this step-by-step list:
1. Monitor the extension schedule – Check the next deadline annually.
2. Submit extension requests early – Aim to file documents at least one month before the due date.
3. Pay the annuity fee – Ensure the correct amount is paid based on the age of the rights.
4. Use a trusted provider – Consider outsourcing to a service experienced in handling IP matters.
5. Track short-term renewals – For temporary rights, remember the 4-year renew requirement.
6. File via the internet if possible – Use the IPD’s online portal to save time and reduce errors.
By following these steps, holders can secure exclusive rights throughout the full term of protection.
Consequences of Non-Compliance
Failure to submit required payments leads to lapses in exclusive control. However, under Hong Kong law, there is a grace period of six months. During this time, owners may still renew their rights by paying a late penalty. If missed, the rights become unenforceable and cannot be revived.
To avoid such situations, it is highly recommended to set up automated reminders or appoint a local IP agent to monitor deadlines.
Summary and Final Considerations
The Hong Kong system provides a straightforward process for patent maintenance, especially for standard registrations. While rules are clear, staying on top of required actions, payment deadlines, and procedural tasks is essential for long-term value protection.
Whether holding a standard or short-term registration, proactive management of obligations ensures that the invention remains protected, enforceable, and commercially viable.
By understanding these regulations and taking timely action, owners can focus on maximizing the value of their innovation in one of Asia’s most dynamic markets.




