Hong Kong Ordinances

PATENTS ORDINANCE - SECT 29

Restoration of rights

(Past version on 30/06/1997).

(1) Subject to this section, where-

   (a)  an applicant for a standard patent has failed to comply with a time
        limit under this Part (including any time limit set by the Registrar);
        and

   (b)  the Registrar is satisfied that the failure to comply with the time
        limit occurred in spite of the applicant having taken all reasonable
        care required by the circumstances, then upon application by the
        applicant to the Registrar under this section for restoration of his
        rights lost-

        (i)    any refusal or deemed withdrawal of the application that
               occurred as a direct consequence of the failure to comply with
               the time limit shall be deemed to be of no effect and the
               application shall be treated for the purposes of proceedings
               under this Part as if there had been no such failure;

        (ii)   any right or means of redress lost by the applicant as a direct
               consequence of the failure to comply with the time limit shall
               be restored to the applicant.

(2) An application under this section-

   (a)  shall be in writing and shall be made not later than-

        (i)    1 year after the expiry of the time limit referred to in
               subsection (1)(a); or

        (ii)   2 months after the removal of the cause of non-compliance with
               the time limit, whichever is the earlier;

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

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

(3) Where prior to the refusal or deemed withdrawal of the application
mentioned in subsection (1)(i) the request to record had been published under
section 20, the Registrar shall advertise in the official  journal notice of
any application under subsection (1). (Amended 2 of 2001 s. 14)

(4) The Registrar may by regulation amend the periods specified in subsection
(2)(a) within which a notice under this section shall be filed.

(5) This section does not apply to any failure to comply with a time limit
under section 15 (except as regards any time limit specified for the purposes
of section 15(3)), 17(2), 18, 19, 22, 23(5), 24(2) or 25(3). [cf. EPC Art.
122]