Apply For Register Design (Patent) in Hong Kong
- Fill out an application form. A link is included under “Documents to Use” section that you can click to download the application form.
- Send the completed form along with a illustrations that clearly show the concept to Intellectual Property Department.
- Be sure to pay the advertising and filing fees.
- Once you have completed your application, the Designs Registry will send you or your agent an email that will include the date of filing that the applicant submitted the form. The date of filing is the date of registration from when the registration period begins. This is also the date to determine how unique the concept is (unless the priority claim is made).
- Your application will be scrutinized through The Registry Office. If the application isn’t correct We will send a written the applicant notice to rectify the issues within 3 months. Inability to address the deficiencies could cause the application to be declared to be cancelled.
- If the application is granted Registry Office Registry Office will register the design, then publish its registration on the Hong Kong Intellectual Property Journal and issue an official certificate of registration.
Required Documents For Register Design
- An application form completed (Designs D1) D1)
- A graphic representations of the design
Office Locations and Contacts
Intellectual Property Department24/F and 25/F Wu Chung House,
213 Queen’s Road East,
Wanchai, Hong Kong
Hours of operation: 9:00 a.m. until 5:45 p.m. (Mon to Friday)
Telephone: (852)2961 6901
Fax:
Patents and Designs Registrations : (852)2838 315 or (852)3188 5359
Register of Trademarks: (852)2838 6082 / (852)2574 4345
Email: enquiry@ipd.gov.hk
What are all the Eligibility
In order for a design to be registered, it must be brand new as of the filing date of the application or the date of priority (if the design is claimed).
The design can be considered to be new If :
- It has never been registered for this or any other item, or
- It has never been reported or made public by the HKSAR or in any other publication.
Only the person who owns the design has the right to apply for registration of the design. The owner can acquire ownership by requesting the creation of this design by virtue of an employment agreement, an assignment, or any other method.
Fees
Filing Fee:
- One design is for article that are not creating a set of related articles. For each article on which the design is applied: HKD$785.
- One design per set of items 1 design for 1 set of articles: HKD$1,570
- Two or more designs for articles that are not part of an article set (only applicable to the same type of articles ). Please refer to “How to categorize my content” – Link ):
- For the first item to which the initial design will be applied: HKD$785.
- Each other article to which one design is to be used the following amount is applicable: 590 HKD
Advertising Cost:
- For advertising within the journal of registration of an idea (per design) for HKD$155
Other Fees that are related to the registration of designs
Validity
Registration of a design is valid for five years starting with the date of filing. It can be extended by further periods of five years up to 25 years after the date of filing.
Documents to Utilize
Processing Time
A registration certificate is typically issued within 3 months after the date of filing.
Instructions
- A design that is disclosed prior to the filing of an application could cause the design to lose its novelty. This could render the registration invalid since the design isn’t new.
- In order to get an official registration, the designer must apply for registration prior to marketing the product they have designed to the HKSAR or any other part of the world.
Documentation is needed
- Designs are registered for various items, such as computers, phones, CD-players, jewelry, textiles and watches.
- This guideline provides details on how to apply for a design registration in Hong Hong Kong’s Intellectual Property Department.
Other uses for the Document/Certificate
- A design that is registered only safeguard the appearance of the product such as the appearance of a monitor on a computer. The registration of the design will not guarantee the manner that the product that is referred to the design operates. The protection of the manner the product functions could be provided by the law of patents. Computer software is covered under copyright laws.
- Registered owners of designs are entitled to stop other companies from making or importing or selling, using or hiring the design.
External Links
Intellectual Property Department