Hong Kong - Register Design (Patent)
Designs can be registered for a wide range of products, including computers, telephones, CD-players, textiles, jewelry and watches.
This procedure provides you information on how to register a design with Hong Kong's Intellectual Property Department.
For a design to be registered it must be new at the filing date of the application, or the priority date (if claimed).
A design is considered new if :
- it has not been previously registered for the same or any other article, or
- it has not been previously published or disclosed in the HKSAR or elsewhere.
Only the owner of a design is entitled to register a design. An owner may obtain ownership by commissioning the creation of the design, or under an employment contract or by assignment, etc.
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Disclosure of a design before filing an application may destroy its novelty. This may render the registration invalid because the design is not new.
This means that to obtain a valid registration, the design owner should apply for registration before marketing the designed product in the HKSAR or anywhere else in the world.
A list which displays the kind of information which is required to complete the procedure. e.g. 1. Date of Birth. 2. City or County of Birth.
- Complete an application form. A link is provided under "Documents to Use" section which you can use to download the form.
- Submit the completed form together with a set of clear representation of the design to the Intellectual Property Department.
- Pay both the filing and advertisement fees.
- After you have submitted your application , the Designs Registry will send you or your agent a notice, giving the filing date of the application. The filing date is the registration date from which the period of registration starts. It is also the date for determining the novelty of the design (unless priority is claimed).
- Your application will be examined by the Registry Office. If the application is not in order, we will give notice to the applicant to correct the deficiencies within three months. Failure to correct deficiencies may result in the application being deemed withdrawn.
- If an application is in order, the Registry Office will register the design, publish the registration in the Hong Kong Intellectual Property Journal and issue a certificate of registration.
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- A completed application form (Designs Form D1)
- A set of clear representation of the design
- 1 design for articles not forming a set of articles - For each article to which the design is to be applied: HKD$785
- 1 design for 1 set of articles : HKD$1,570
- 2 or more designs for articles not forming a set of articles (only applicable to same class of articles, please refer to "How to classify my articles" - Link):
- For the first article to which the first design is to be applied: HKD$785
- For each other article to which any of the designs is to be applied: HKD$590
- For advertisement in the official journal of the registration of a design (per design): HKD$155
The registration of a design lasts for five 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.
Please attach sample completed documents that would help other people.
A certificate of registration is usually issued within three months after an application is filed.
Intellectual Property Department
24/F & 25/F Wu Chung House,
213 Queen's Road East,
Wanchai, Hong Kong
Opening hours: 9:00 a.m. - 5:45 p.m. (Mon - Fri)
Telephone: (852)2961 6901
Patents and Designs Registries : (852)2838 6315 / (852)3188 5359
Trade Marks Registry: (852)2838 6082 / (852)2574 4345
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Videos explaining the procedure or to fill the applications. Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites. Please remove the "&" inside the tags during implementation. Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, sevenload, viddler, vimeo, youku, youtube width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed. e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M".
Enter other informations which might help
- Having a design registered will only protect the appearance of products, for example the look of a computer monitor. Registration of the design does not protect the way in which the product relating to the design works. Protection for the way in which a product works may be available under patent law. Computer software is protected under copyright law.
- Registered design owners have the right to prevent others from manufacturing, importing, using, selling or hiring the design product.
More information which might help people.