### Patents Ordinance 《專利條例》

37V. Applicant may file representations and requests for amendment, etc.
(1) If the Registrar is of the opinion that a standard patent (O) application does not comply with any examination requirement, the Registrar must, by written notice, inform the applicant of the opinion.
(2) The notice must set out each examination requirement that, in the Registrar’s opinion, is not complied with by the application.
(3) The applicant may respond to the notice by filing, in accordance with the rules, any or all of the following—
(a) a representation to establish that the application complies with an unfulfilled requirement;
(b) subject to section 103(2), a request to amend the application to enable the application to comply with an unfulfilled requirement;
(c) a request to review the Registrar’s opinion.

37W. Registrar must consider representations and requests for amendment, etc.
The Registrar must, in accordance with the rules—
(a) consider and decide—
(i) whether a representation filed under section 37V(3)(a) establishes that a standard patent (O) application complies with an unfulfilled requirement; and
(ii) whether a requested amendment filed under section 37V(3)(b) would enable the application to comply with an unfulfilled requirement; and
(b) review the Registrar’s opinion on a request filed under section 37V(3)(c).

37X. Grant of standard patent (O)
(1) The Registrar must grant a standard patent (O) for an invention, if the Registrar—
(a) has examined the standard patent (O) application;
(b) has considered the representation and requested amendment, and reviewed the Registrar’s opinion, under section 37W (where applicable); and
(c) is of the opinion that the application, together with any requested amendment, complies with all the examination requirements.
(2) As soon as practicable after the standard patent (O) is granted, the Registrar must—
(a) publish in the prescribed manner—
(i) the specification of the patent;
(ii) the name of the applicant; and
(iii) the name of the inventor;
(b) issue a certificate of grant in respect of the patent to the applicant; and
(c) advertise the fact of the grant by notice in the official journal.
(3) The Registrar may, in addition to the matters specified in subsection (2)(a), publish any other matters constituting or relating to the patent that the Registrar considers it desirable to publish.

### Patents Ordinance 《專利條例》

37Y. Refusal to grant standard patent (O)
The Registrar must refuse to grant a standard patent (O) for an invention, if the Registrar—
(a) has examined the standard patent (O) application;
(b) has considered the representation and requested amendment, and reviewed the Registrar’s opinion, under section 37W (where applicable); and
(c) is of the opinion that the application, together with any requested amendment, does not comply with all the examination requirements.

37Z. Divisional standard patent (O) application
(1) Subsection (2) applies if—
(a) a standard patent (O) application (earlier application

37ZA. Amendment of standard patent (O) application before grant
(1) subject to section 103(2), the applicant of a standard patent (O) application may amend the application in accordance with the rules within the prescribed time.
(2) The Registrar may, on the Registrar’s initiative, amend the specification and abstract contained in a standard patent (O) application so as to acknowledge a registered trade mark.

37ZB. Withdrawal of standard patent (O) application
(1) An applicant may, by written notice, withdraw a standard patent (O) application at any time before preparations for publication under section 37X(2)(a) of the specification of the standard patent (O) are completed.
(2) A notice of withdrawal is irrevocable.

37ZC. Effect of withdrawal and refusal of standard patent (O) application
If a standard patent (O) application is withdrawn, is regarded as being withdrawn, or is refused, under this Ordinance—
(a) section 9B(3) continues to apply as regards the application if the application has been published;
(b) the applicant continues to enjoy, on the basis of the application, a right of priority under section 37C or 110 for filing a subsequent standard patent (O) application or short-term patent application; and
(c) no other right may be claimed under this Ordinance in relation to the application.

### Patents Ordinance 《專利條例》

37ZD. Further processing of, and restoration of rights in respect of, standard patent (O) application
(1) Sections 28(1) and (2), 29(1), (2) and (3) and 30 apply, subject to the necessary modifications, to an application for a standard patent (O) as if—
(a) a reference in those sections to an application or an applicant for a standard patent (R) were a reference to an application or an applicant for a standard patent (O);
(b) a reference in those sections to Part 2 were a reference to this Part; and
(c) the words “the request to record had been published under section 20” in section 29(3) were substituted by the words “the application had been published under section 37Q”.
(2) Section 28(1) and (2), as applied by subsection (1), does not apply to—
(a) a standard patent (O) application that is regarded as being withdrawn under section 37L(6) or 37T(2)(b); or
(b) a standard patent (O) application that is refused under section 37Y because the applicant fails to comply with a time limit under the rules made for the purposes of section 37V or 37W.
(3) Section 29(1) and (2), as applied by subsection (1), does not apply to a failure to comply with a time limit under section 37D, 37E, 37N, 37O, 37Z, 37ZA or 37ZB.

38. Deemed date of filing where standard patent (R) has been granted
(Amended 17 of 2016 s. 47)Where a standard patent (R) is granted, the application for the standard patent (R) shall be deemed to have as its date of filing the date of filing of the corresponding designated patent application, and in this Ordinance deemed date of filing (當作提交日期) in relation to an application for a standard patent (R) shall be construed accordingly.
(Amended 17 of 2016 s. 47)

### Patents Ordinance 《專利條例》

40. Restoration of lapsed standard patents
(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]