Hong Kong Regulations

PATENTS (GENERAL) RULES - SECT 31

Restoration of application for standard patent under section 34 of the Ordinance

(Past version on 30/06/1997).

(1) An application to restore an application for a standard patent under
section 34 of the Ordinance shall be in the specified form and be signed by
the applicant.

(2) The restoration application shall contain statements by the applicant in
relation to matters relevant to the restoration of the application for a
standard patent including, but without limiting those matters, statements
indicating whether at the date of the restoration application-

   (a)  the designated patent application is still valid or has been
        withdrawn; and

   (b)  a patent has been granted in pursuance of that designated patent
        application and, if granted, the time for filing a request to register
        the designated patent and grant a patent under section 23 of the
        Ordinance has expired.

(3) If, upon consideration of the statements, the Registrar is not satisfied
that a case for an order under section 34 of the Ordinance has been made out,
he shall notify the applicant accordingly and, unless within 1 month the
applicant requests to be heard in the matter, the Registrar shall refuse the
application.

(4) If the applicant requests a hearing within the time allowed, the Registrar
shall, after giving the applicant an opportunity of being heard, determine
whether the application shall be allowed or refused.

(5) If the Registrar decides to allow the application, he shall notify the
applicant accordingly and require him, within 2 months after the date on which
the notification is sent to him, to file an application in the form specified
for the purposes of section 33(2) of the Ordinance, duly completed,
accompanied by any unpaid maintenance fee and any additional fee prescribed
for the purposes of section 33(4) of the Ordinance, upon receipt of which the
Registrar shall order the restoration of the application for standard patent
and shall advertise the fact of such order in the official journal. (2 of 2001
s. 19)