Hong Kong Ordinances

PATENTS ORDINANCE - SECT 40

Restoration of lapsed standard patents

(Past version on 30/06/1997).

(1) Where a standard patent has ceased to have effect by reason of the failure
to pay any renewal fee as provided in section 39, application may be made to
the Registrar, at any time within 18 months after the date on which the patent
ceased to have effect, for the restoration of the patent.

(2) An application under this section may be made by the person who was the
proprietor of the standard patent at the time it ceased to have effect or by
any other person who would have been entitled to the patent if it had not
ceased to have effect; and where the patent was at that time held by 2 or more
persons jointly the application may, with the leave of the Registrar, be made
by one or more of them without joining the others.

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

(4) If the Registrar is satisfied that the failure to pay any renewal fee as
provided in section 39, or to pay that fee and any additional fee under that
section within 6 months after the end of that period, occurred in spite of the
applicant having taken all reasonable care required by the circumstances the
Registrar shall by order restore the patent on payment of any such unpaid
renewal fee and any prescribed additional fee.

(5) An order under this section may be made subject to such terms and
conditions as the Registrar thinks fit. [cf. 1949 c. 87 s. 28 U.K.; 1977 c. 37
s. 28 U.K.; EPC Art. 122]