How to Obtain a Grace Period for Patent Annuity Payment ?

Based on the circular letter No. HKI.KI.05.04-01 concerning The Payment of The Overdue Patent Annuity Fee(s) issued by The Patent Office that if the patent holder cannot attend to the payment of annuity fee(s) by the deadline, the Patent Office shall automatically provide a 6 (six) months grace period from the actual deadline. If the patent holderswish to continue the protection of their patents, they only need to proceed with the payment of the overdue annuity fee(s) along with the next-one-year annuity fee within the said 6 (six) months grace period. Otherwise, the patent shall be deemed deleted.

Pursuant to Article 128 of the Patent Law No. 13 of 2016 concerning Patent, the patent holder may postpone the payment of annuity fee of the year concerned for 12 (twelve) months grace period from the actual deadline, with condition that the request for this postponement is submitted to the Ministry of Law and Human Rights at the latest 7 (seven) working days prior to the actual deadline. In addition, a 100 % fine shall be applied to the total amount of annuity fee(s) for which the postponement is requested.

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