### Patents Ordinance 《專利條例》

41. Effect of order for restoration of standard patent
(1) The effect of an order for the restoration of a standard patent is as follows.
(2) Anything done during the period between expiry and restoration which would have constituted an infringement if the patent had not expired shall be treated as an infringement—
(a) if done at a time when it was possible for the patent to be renewed under section 39(4); or
(b) if it was a continuation or repetition of an earlier infringing act.
(3) A person who in Hong Kong, after it was no longer possible for the patent to be so renewed and before advertisement in the official journal of notice of an application for restoration under section 40— (Amended 2 of 2001 s. 14)
(a) began in good faith to do an act which would constitute an infringement of the patent if it were in force; or
(b) made in good faith effective and serious preparations to do such an act,
has the rights specified in subsection (4).
(4) The rights referred to in subsection (3) are—
(a) the right to continue to do or, as the case may be, to do the act referred to in subsection (3);
(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 patent concerned.
(5) The rights specified in subsection (4) shall not include the right to grant a licence to any person to do an act referred to in subsection (3).
(6) Where a patented product is disposed of to another in exercise of a right conferred by subsection (4), 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 a registered proprietor of the patent.
[cf. 1992 No. 1 s. 55(2) to (5) Eire]

### Patents Ordinance 《專利條例》

42. Determination after grant of questions referred before grant
(1) If a question with respect to a standard patent or application for a standard patent is referred by any person to the Registrar or the court under section 13 or 37H, whether before or after the making of an application for the patent, and is not determined before the time when the application is first in order for a grant of a patent in pursuance of the application, that fact shall not prevent the grant of a standard patent, but on its grant that person shall be treated as having referred to the Registrar or the court under section 55 any question mentioned in that section which the Registrar or the court thinks appropriate.
(2) In determining any such question under section 55 the Registrar shall exercise only the powers that are available to him for the purposes of determining the same question referred to him under section 13 or 37H.
(Amended 17 of 2016 s. 49)[cf. 1977 c. 37 s. 9 U.K.]

43. Amendment of standard patent (R) following opposition or revocation proceedings in the designated patent office
(Amended 17 of 2016 s. 50)(1) If the specification of the corresponding designated patent in respect of a standard patent (R) granted under Part 2 has (whether before or after the grant of the standard patent (R)) been amended in the designated patent office following prescribed opposition or revocation proceedings, the proprietor of the standard patent (R) shall file with the Registrar in the prescribed manner and within the prescribed period a verified copy of the amended specification or the amending order or other prescribed documentation.
(2) The Registrar shall record the amendment to the specification of the designated patent by making an appropriate entry in the register and upon that recording the standard patent (R) shall be treated as having been amended in a like manner.
(3) As soon as practicable after a standard patent (R) has been amended under this section the Registrar shall— (Amended 17 of 2016 s. 50)
(a) publish the amendment;
(b) advertise the fact of the amendment by notice in the official journal. (Amended 2 of 2001 s. 14)
(4) Any amendment of the specification of a standard patent (R) under this section shall have effect from the date of grant of the patent.
(5) Any amendment of the specification of a standard patent (R) under this section shall have effect subject to section 103(3).
(Amended 17 of 2016 s. 50)[cf. EPC Art. 102]

### Patents Ordinance 《專利條例》

44. Revocation of standard patent (R) following opposition or revocation proceedings in the designated patent office
(Amended 17 of 2016 s. 51)(1) This section applies to any standard patent (R) of which the corresponding designated patent has been revoked following prescribed opposition or revocation proceedings in the designated patent office.
(2) The proprietor of a standard patent (R) to which this section applies shall after publication of the revocation by the designated patent office and in the prescribed manner file with the Registrar a verified copy of the order of revocation or other prescribed documentation.
(3) The Registrar shall record any filing under subsection (2) and shall advertise the fact of such filing by notice in the official journal. (Amended 2 of 2001 s. 14)
(4) A person other than the proprietor of a standard patent (R) to which this section applies may apply to the Registrar in the prescribed manner for an order under this subsection, and where on such an application the Registrar is satisfied that the patent is one to which this section applies he shall, subject to subsection (5), order that the patent be revoked.
(5) The Registrar may, if he thinks fit, refer any application under subsection (4) to the court and the court shall have jurisdiction to make an order for the revocation of the patent.
(6) Upon the Registrar advertising the fact of a filing by the proprietor of a standard patent (R) under subsection (2) in the official journal, or upon the making of an order by the Registrar under subsection (4) or by the court under subsection (5) for the revocation of a standard patent (R), the patent shall be treated as never having had effect. (Amended 2 of 2001 s. 14)
(Amended 17 of 2016 s. 51)[cf. EPC Art. 102]