Filing an Industrial Design Application in Hong Kong

Borsam IP
Borsam IP

As a special administrative region of China, Hong Kong has its own intellectual property system, and the Hong Kong Intellectual Property Department (IPD) handles issues relating to patents, trademarks, industrial designs and copyrights in Hong Kong. To file an industrial design in Hong Kong:

1. Have the required documents. The requirements include:

a. Drawings or photos of the products;
b. A set of clear representations of the design;
c. Applicant and the designers information including names, addresses and nationalities;
d. Representations and a statement of novelty;
e. Priority information (if any);
f. Samples for textile designs, if required;

2. Are multiple design applications allowed in Hong Kong?
More than one design can be included in an application provided that the designs relate to the same class of articles as classified under the Locarno Classification, or to the same set of articles. A reduced fee is payable for every subsequent design in a multiple application.

3. Examination and Grant

After giving the filing date, the IPD will examine the formalities of the application. The formalities are the information required in the application form. There is no substantive examination of the application and the Designs registry does not search records of prior registered designs.
If the application is not in order, the IPD will give notice to the applicant to correct the deficiencies within 3 months. Failure to correct deficiencies may result in the application being deemed withdrawn.

4. Duration of registration
The registration of a design lasts for 5 years beginning from the filing date. It may be extended for additional periods of five years, up to a maximum of 25 years from the filing date.