Hong Kong Ordinances

PATENTS ORDINANCE - SECT 28

Further processing of application for standard patent

Further processing; restoration of rights

(1) Subject to this section, where-

   (a)  an application for a standard patent, or any part of an application,
        is refused or is deemed withdrawn following the applicant's failure to
        comply with a time limit under this Part (including any time limit set
        by the Registrar); and

   (b)  the applicant has by notice filed with the Registrar requested
        reinstatement of the application or part of the application, then the
        legal consequence of the failure to comply with the time limit, as
        provided under the Ordinance, shall not ensue or, if it has already
        ensued, shall be retracted.

(2) A notice under this section-

   (a)  shall be in writing and shall be filed within 2 months after such
        refusal or deemed withdrawal;

   (b)  shall not be deemed to be filed unless the additional prescribed fee
        has been paid; and

   (c)  shall not be deemed to be filed unless the omission which constituted
        the failure to comply with a time limit has been made good.

(3) This section does not apply in the case of the refusal or deemed
withdrawal of an application under section 15(4), 23(5), 24(2) or 25(3).

(4) The Registrar may by regulation amend the period specified in subsection
(2)(a) within which a notice under this section shall be filed. [cf. EPC Art.
121]