### Patents Ordinance 《專利條例》

25. Examination on filing of request for registration and grant
(1) The Registrar shall examine whether—
(a) the request for registration and grant satisfies the requirements of section 24(1) for the accordance of a date of filing; and
(b) the filing fee and advertisement fee have been paid in due time.
(2) If there are deficiencies in the request as regards the requirements of section 24(1) that cannot be corrected, the standard patent (R) application must be refused. (Replaced 17 of 2016 s. 30)
(3) Subject to section 24(2), if there are deficiencies in the request as regards the requirements of section 24(1) that may be corrected, the Registrar must give the applicant an opportunity to correct them in accordance with the rules. (Replaced 17 of 2016 s. 30)
(4) If any deficiencies referred to in subsection (3) are not corrected in accordance with the rules—
(a) where no steps are taken to correct the deficiencies, the application is to be regarded as being withdrawn; or 
(b) in any other case, the application must be refused. (Added 17 of 2016 s. 30)

26. Examination as to formal requirements of the request for registration and grant
(1) If a request for registration and grant has been accorded a date of filing and is not deemed to be withdrawn by virtue of section 23(5), the Registrar must examine the request to ascertain whether the requirements of section 23(3) and (4) (formal requirements

### Patents Ordinance 《專利條例》

27. Registration of designated patent and grant of standard patent (R)
(Amended 17 of 2016 s. 32)(1) If on examination under section 26(1) a request for registration and grant is found to have satisfied the requirements of section 23(3) and (4) or if on a subsequent examination the deficiencies under section 26(2) are found to have been corrected in accordance with the rules, then the Registrar shall as soon as practicable after such examination, but subject to section 37— (Amended 17 of 2016 s. 32)
(a) register the designated patent by making an appropriate entry in the register; and
(b) grant a standard patent (R) for the invention shown in the published specification of the designated patent as filed under section 23(3)(a) and issue a certificate of grant to that effect.
(2) A standard patent (R) shall not be granted under this section unless the filing fee and advertisement fee specified in section 23 and any other fees payable under the preceding provisions of this Part have been paid.
(3) As soon as practicable after a standard patent (R) has been granted under this section the Registrar shall— (Amended 17 of 2016 s. 32)
(a) publish in the prescribed manner the specification of the patent, the names of the proprietor and, if different, the inventor;
(b) send the certificate of grant issued under subsection (1)(b) to the proprietor; and
(c) advertise the fact of such grant by notice in the official journal. (Amended 2 of 2001 s. 14)
(4) In publishing under subsection (3)(a) any matters specified in that subsection, the Registrar may publish in addition such other matters constituting or relating to the patent which in his opinion it is desirable to publish.
(Amended 17 of 2016 s. 32)

### Patents Ordinance 《專利條例》

28. Further processing of application for standard patent (R)
(Amended 17 of 2016 s. 34)(1) Subject to this section, where—
(a) an application for a standard patent (R), or any part of an application, is refused or is deemed to be or regarded as being withdrawn following the applicant’s failure to comply with a time limit under this Part (including any time limit set by the Registrar); and (Amended 17 of 2016 s. 34)
(b) the applicant has by notice filed with the Registrar requested reinstatement of the application or part of the application,
then the legal consequence of the failure to comply with the time limit, as provided under the Ordinance, shall not ensue or, if it has already ensued, shall be retracted.
(2) A notice under this section—
(a) shall be in writing and shall be filed within 2 months after such refusal or withdrawal; (Amended 17 of 2016 s. 34)
(b) shall not be deemed to be filed unless the additional prescribed fee has been paid; and
(c) shall not be deemed to be filed unless the omission which constituted the failure to comply with a time limit has been made good.
(3) This section does not apply to an application that—
(a) is refused under section 25(2) or (4)(b); or
(b) is deemed to be or regarded as being withdrawn under section 15(4), 23(5), 24(2), 25(4)(a) or 33(2). (Replaced 17 of 2016 s. 34)
(4) The Registrar may by regulation amend the period specified in subsection (2)(a) within which a notice under this section shall be filed.
[cf. EPC Art. 121]

### Patents Ordinance 《專利條例》

29. Restoration of rights
(1) Subject to this section, where—
(a) an applicant for a standard patent (R) has failed to comply with a time limit under this Part (including any time limit set by the Registrar); and
(b) the Registrar is satisfied that the failure to comply with the time limit occurred in spite of the applicant having taken all reasonable care required by the circumstances,
then upon application by the applicant to the Registrar under this section for restoration of his rights lost—
(i) if the standard patent (R) application is refused, or is deemed to be or regarded as being withdrawn, as a direct consequence of the failure to comply with the time limit, the refusal or withdrawal is of no effect and the application is to be regarded for the purposes of proceedings under this Part as if there had been no such failure;
(ii) any right or means of redress lost by the applicant as a direct consequence of the failure to comply with the time limit is to be restored to the applicant.
(2) An application under this section—
(a) shall be in writing and shall be made not later than—
(i) 1 year after the expiry of the time limit referred to in subsection (1)(a); or
(ii) 2 months after the removal of the cause of non-compliance with the time limit,
whichever is the earlier;
(b) shall not be deemed to be filed unless the additional prescribed fee has been paid; and
(c) shall not be deemed to be made unless the omission which constituted the failure to comply with a time limit has been made good.
(3) Where prior to the refusal or withdrawal of the application mentioned in subsection (1)(i) the request to record had been published under section 20, the Registrar shall advertise in the official journal notice of any application under subsection (1). (Amended 2 of 2001 s. 14)
(4) The Registrar may by regulation amend the periods specified in subsection (2)(a) within which an application under this section shall be filed.
(5) This section does not apply to any failure to comply with a time limit under section 15 (except as regards any time limit specified for the purposes of section 15(3)), 17(2), 18, 19, 22, 23(5), 24(2), 25(4), 31(1), 32(1) or 33(2) or (4).
(Amended 17 of 2016 s. 35)[cf. EPC Art. 122]