Hong Kong Ordinances

PATENTS ORDINANCE - SECT 35

Effect of restoration order under section 34

(Past version on 07/05/2004).
(Past version on 30/06/1997).

(1) The effect of a restoration under section 34(4) is as follows.

(2) A person who, during the period between any deemed withdrawal such as is
mentioned in section 34(1) and the advertisement in the official journal of
notice of the application for restoration under section 34(2)- (Amended 2 of
2001 s. 14)

   (a)  does in good faith an act which would constitute an infringement of
        the applicant's rights under the published application for  a patent
        if those rights had not been lost; or

   (b)  makes in good faith effective and serious preparations to do such an
        act, has the rights specified in subsection (3).

(3) The rights referred to in subsection (2) are-

   (a)  the right to continue to do or, as the case may be, to do the act
        referred to in subsection (2);

   (b)  if such act was done or preparations had been made to do it in the
        course of a business-

        (i)    in the case of an individual- (A) the right to assign the right
               to do it or to transmit such right on death; or (B) the right
               to authorize the doing of that act by any of his partners for
               the time being in the business in the course of which the act
               was done or preparations had been made to do it;

        (ii)   in the case of a body corporate, the right to assign the right
               to do it or to transmit such right on the body's dissolution,
               and the doing of that act by virtue of this subsection shall
               not amount to an infringement of the applicant's rights under
               the published application  for a patent concerned.

(4) The rights specified in subsection (3) shall not include the right to
grant a licence to any person to do an act referred to in subsection (2).

(5) Where a product is disposed of to another in exercise of a right conferred
by subsection (3), that other and any person claiming through him may deal
with the product in the same way as if it had been disposed of by the
applicant in the patent application.

(6) This section applies in relation to the Government use of an invention in
respect of which an application has been made as it applies in relation to
infringement of the rights conferred by publication of an
application for a standard patent for the invention. [cf. 1992 No. 1 s. 55(2)
to (4) Eire]