Hong Kong Ordinances

PATENTS ORDINANCE - SECT 30

Effect of restoration of rights under section 29

(Past version on 30/06/1997).

(1) The effect of a restoration under section 29 is as follows.

(2) A person who, during the period between the loss of rights referred to in
section 29(1) and the advertisement in the official journal of notice of the
application for restoration under section 29(3)- (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 standard 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. [cf. 1992 No. 1 s. 55(2) to (4) Eire]