Hong Kong Regulations

PATENTS (GENERAL) RULES - SECT 53

Time limit for application under section 58 of the Ordinance

PART VI

EMPLOYEES' INVENTIONS

(1) Subject to subsection (2), the period prescribed for the purposes of
section 58(1) and (2) of the Ordinance shall be that period which begins when
the relevant patent is granted and expires one year after the relevant patent
has ceased to have effect.

(2) Where a patent has ceased to have effect by reason of a failure to pay any
renewal fee within the period prescribed for the payment of that fee and an
application for restoration is made under section 40 or 127 of the Ordinance,
then-

   (a)  if restoration is ordered, the period specified in subsection

(1) shall continue as if the patent had remained continuously in effect; or

   (b)  if restoration is refused, the period specified in subsection

(1) shall be treated as expiring one year after the patent ceased to have
effect or 6 months after the refusal, whichever is the later.