Design Patent Registration in Hong Kong: Navigating the Essentials
Design Patent Registration in Hong Kong: Key Requirements and Procedures
Hong Kong remains a strategic hub for global intellectual property protection, particularly in design innovation. The region’s well-defined legal framework, managed by the Intellectual Property Department (IPD) of the Government of the Hong Kong Special Administrative Region (HKSAR), provides clear guidance for registering industrial designs while ensuring robust protection for creators. Below is a comprehensive overview of the documentation, procedures, and important regulatory details for design registration in Hong Kong.
### **Required Documents for Design Application**
To file a design application in Hong Kong, applicants must submit the following materials:
* Design drawings or photographs (six views)
* Brief description / statement of novelty (in Chinese or English)
* Scanned copy of the priority document and its English or Chinese translation (DAS is **not** accepted)
* Name and official position of the translator for the priority document
* Proof of assignment of the right to apply (Chinese/English)
* Ownership declaration / employment certificate / proof of transfer of priority right (Chinese/English)
Authority:
- Intellectual Property Department, Government of the Hong Kong Special Administrative Region of the People’s Republic of China, www.ipd.gov.hk
Terms of Protection:
- In Hong Kong, the initial protection for a design is 5 years, renewable 4 times, for a maximum protection of 25 years.
Filing Deadline:
- Paris Convention applications must be filed within 6 months from the earliest priority date.
Required Documents:
- Representations / Pictures
- Brief description / statement of novelty (in Chinese or English)
- Certified copy of priority document (DAS is not accepted)
- Name and official position of the translator for the priority document
- Ownership Statement / Employment Statement / Priority Assignment
Process & Procedure:
The term “design” in Hong Kong refers to the features of shape, configuration, pattern, or ornament applied to an article by any industrial process. Designs of various products can be registered, including computers, telephones, laser disc players, textiles, jewelry, and watches. The registration of a design protects only the appearance of a product, for example, the appearance of a computer monitor.
A design in Hong Kong must be new, meaning that the same or a similar design has not been previously registered for the same or any other article, and has not been previously published or disclosed in the Hong Kong Special Administrative Region (HKSAR) or elsewhere.
The HKPD conducts formality examination only for design applications. The HKPD does not examine the registrability of a design, that is, whether the design is new or whether the appearance of the article has features that appeal to and are judged solely by the eye. However, if, on the face of the application, the HKPD determines that the design is not a new design or is otherwise not a registrable design for any reason, a **refusal decision** may be issued.
- The applicant must respond to a deficiency notice issued by the HKPD within 3 months.
- In Hong Kong, the following designs are not registrable:
- Designs that are contrary to public order or morality
- Computer programs or topography of integrated circuits
- Sculptures, except for patterns or models intended for repeated industrial use as moulds or patterns
- Wall plaques, medals, and medallions
- Printed matter of a literary or artistic nature, including book covers, calendars, certificates, tickets, dressmaking patterns, greeting cards, labels, maps, catalogues, playing cards, postcards, postage stamps, commercial advertisements, business forms, and cards, animated graphics, or similar items
- Any method or principle of construction
- Features of shape or configuration of an article that are solely dictated by the function of the article itself
- Features of shape or configuration of an article that depend on the appearance of another article, which the designer intends to make an integral part of a whole with the other article
- Designs consisting of or containing the national flag, national emblem, regional flag, or regional emblem, or their design patterns
- The applicant must submit a clear representation of the design and pay both the application fee and publication fee at the time of filing.
- The HKPD accepts multiple designs in a single application, provided they belong to the same Locarno classification, or are parts of the same set of articles.
- A set of articles means two or more articles having the same or similar design, possessing the same general character, and usually sold or intended to be used together, such as a tea set.
- A statement of novelty must indicate and describe the features of the design claimed to be new so that the public may understand the scope of protection granted by the registration.
- For textile articles, applicants registering a design in two-dimensional form may submit a sample, which must meet the following requirements:
- The sample must be enclosed in a single envelope or small package.
- The length and width must not exceed 30 cm, and the envelope or package must not exceed 4 kg in weight.
- The sample must be capable of being safely stored and not easily destroyed or hazardous during storage.
- Designs that meet the registration requirements will be granted, published in the Hong Kong Intellectual Property Journal, and a Certificate of Registration will be issued. The initial term of protection is 5 years from the filing date.
Grace Period for Novelty:
- Disclosure under any of the following circumstances does not destroy novelty:
- Confidential disclosure by the owner
- Disclosure made in bad faith by others
- Disclosure to a government department
- Exhibition at an officially recognized international exhibition
- If the application is filed within 6 months after the opening of the exhibition, the design retains its novelty.
Grant and Renewal Maintenance Fee:
Designs must be renewed every 5 years using Form D11, submitted within 3 months before the expiry of each protection period.
Granting Time:
Approximately 3 months from filing.
Conclusion
Hong Kong’s design registration system offers straightforward formal examination, efficient processing, and long-term protection of up to 25 years. By ensuring compliance with the documentation and procedural requirements, applicants can effectively safeguard their design assets and enhance their competitiveness in the international market.
