Notice of Allowance and Patent Granting in Hong Kong
Upon receiving a Notice of Allowance, you should pay the required granting fees. After this payment, the patent will be officially published and granted, thereby securing your exclusive rights
Upon receiving a Notice of Allowance, you should pay the required granting fees. After this payment, the patent will be officially published and granted, thereby securing your exclusive rights
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Notice of Allowance and Patent Granting in Hong Kong
From $200
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An AI-powered IP assistant that helps you create a detailed assignment within minutes.
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Selection of the most suitable local patent attorney based on specific criteria.
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Receiving a Notice of Allowance, handling government fees and issuance of a patent certificate.
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Frequently Asked Questions
What does patent granting in Hong Kong mean?
Patent granting is the official process by which the Hong Kong Intellectual Property Department (HKIPD) formally approves a patent application, giving the applicant exclusive rights to the invention.
What types of patents can be granted in Hong Kong?
Hong Kong grants Standard Patents, which are re-registrations of patents granted in China, the UK, or the European Patent Office, and Original Grant Patents (OGP), which are examined and granted directly by the HKIPD.
How long does it take to get a patent granted in Hong Kong?
The timeframe varies: Standard Patents are generally granted faster since they rely on foreign examination, while OGPs undergo substantive examination locally and may take several years.
What are the main criteria for a patent to be granted in Hong Kong?
The invention must be new, involve an inventive step (non-obvious), and be capable of industrial application.
Is substantive examination required for all patents in Hong Kong?
No, Standard Patents do not undergo substantive examination in Hong Kong. Only Original Grant Patents are subject to formal and substantive examination by the HKIPD.
What happens after a patent is granted in Hong Kong?
Once granted, the patent is published in the official journal, and the patent owner has exclusive rights for up to 20 years, subject to paying annual renewal fees.
Can the patent grant be challenged after it is issued?
Yes, third parties may file oppositions or invalidation actions to challenge the validity of a granted patent within prescribed timeframes.
What languages are accepted for patent applications and grants in Hong Kong?
Applications can be filed in either English or Chinese, and patents are granted in the language of filing.
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Notice of Allowance and Patent Granting in Hong Kong: What Applicants Should Know
Receiving a notice of allowance is a pivotal moment in the application process. It indicates that the submission has successfully passed examination and is on the path toward grant. However, this stage still requires attention to procedural details before the patent is officially issued. Understanding the legal and administrative steps following the issuance of such a communication ensures applicants do not miss crucial deadlines or obligations.
What a Notice of Allowance Means
A notification of approval is an official message from the Intellectual Property Department (IPD) that confirms the substantive review has concluded favorably. The examiner has determined that the application meets all statutory requirements, including novelty, inventive step, and industrial applicability.
At this point, the applicant is required to complete specific formalities to proceed toward official recognition. Importantly, this communication is not the same as a registration certificate—it merely signals that approval is forthcoming, pending final steps.
Post-Allowance Procedure: From Notice to Patent Grant
Once the notification is issued, the process moves into its final administrative phase. Below is a step-by-step breakdown of what applicants should expect:
1. Receive the notification of approval
Issued by the IPD once the submission meets all examination criteria.
2. Pay the prescribed grant fee
Timely payment is essential to maintain eligibility for official recording.
3. Verify publication details
The abstract, claims, and drawings should be checked for accuracy prior to publication in the Hong Kong Intellectual Property Journal.
4. Await official confirmation of rights
After fee payment and verification, the patent is formally granted and published.
5. Receive the registration certificate
This document serves as proof of ownership and outlines the legal term of exclusivity.
Important Considerations After Receiving a Notice of Allowance
The period between receiving this document and final approval is short but significant. Missing a deadline or submitting incorrect information can delay completion or, in rare cases, jeopardize the application.
Key issues to monitor:
- Fee deadlines: The issuance fee must typically be paid within two months of receiving the notification. Late payment may incur penalties or require justification.
- Final review: Double-check the approved claims and specifications, as no further amendments are usually allowed after this point.
- Public record: Once rights are registered, the application becomes publicly accessible, so ensure sensitive information is appropriately handled.
Granting of a Patent in Hong Kong: Legal Implications
Following successful compliance with the post-approval steps, the IPD will issue official protection. This confers the applicant with exclusive rights to exploit the invention within the territory. The rights holder gains legal tools to prevent unauthorized use, licensing opportunities, and potentially enhanced valuation of the protected technology.
It’s important to remember that the protection term for standard registrations in Hong Kong is up to 20 years from the filing date, subject to the payment of annual maintenance fees.
Summary: Turning Allowance into Legal Rights
The notification of allowance marks a near-final milestone in a filing journey. However, transitioning from approval to recognition requires precision and timely action. Applicants should remain proactive during this phase, ensuring that all procedural steps are completed without delay.
Key Steps Following a Notice of Allowance:
- Acknowledge and review the notice immediately
- Pay the required issuance fee on time
- Confirm accuracy of publication data
- Monitor issuance of the patent certificate
- Prepare to enforce and maintain your new rights
Handling the notice of allowance stage with diligence secures the final objective of the application process: legally recognized protection in Hong Kong, providing long-term strategic and commercial benefits.
