Hong Kong Ordinances

PATENTS ORDINANCE - SECT 34

Restoring application for standard patent

(Past version on 30/06/1997).

(1) Where an application for a standard patent is deemed withdrawn under
section 33 by reason only of the failure to pay any maintenance fee under that
section within the period specified then the applicant may, within 12 months
after the date on which the application was deemed withdrawn and on payment of
the prescribed fee, apply to the Registrar in the prescribed manner for the
restoration of the application for a  standard patent.

(2) The Registrar shall advertise in the official journal notice of any
application under subsection (1). (Amended 2 of 2001 s. 14)

(3) If on an application under subsection (1)-

   (a)  the Registrar is satisfied that the failure to pay the maintenance fee
        within the specified period, or that fee and any additional fee under
        section 33(4) within 6 months after the end of the specified period,
        occurred in spite of the applicant having taken all reasonable care
        required by the circumstances; and

   (b)  the requirements of subsection (4) are met, the Registrar shall order
        that the request to record be restored on payment of any such unpaid
        maintenance fee and additional fee.

(4) An order for restoration shall not be made under subsection (3) unless it
appears to the Registrar that at the date of the application for restoration-

   (a)  the designated patent application is still valid and not withdrawn;
        and

   (b)  a patent has not been granted in pursuance of that application or, if
        granted, the time for filing a request for registration and grant
        under section 23 has not expired. [cf. EPC Art. 122]