### Patents Ordinance 《專利條例》

114B. Missing description or missing drawing not filed or withdrawn
(1) If any missing description or missing drawing as defined by section 114A(6) is not filed within the prescribed time under section 114A(1) or (2), any reference to the description or drawing in the specification contained in the short-term patent application under section 113(1A)(b) is to be regarded as being deleted.
(2) If a notice of change of the date of filing is issued under section 114A(4), the applicant of the short-term patent application may, within 1 month after the date of the notice, withdraw the missing description or missing drawing that has been filed.
(3) On the withdrawal of the description or drawing—
(a) any reference to the description or drawing in the specification contained in the patent application under section 113(1A)(b) is to be regarded as being deleted;
(b) the description or drawing is to be regarded as not having been filed; and
(c) the original date of filing of the patent application accorded in accordance with section 114(2) is to remain unchanged.
(Added 17 of 2016 s. 107)

115. Examination as to formal requirements
(1) If a short-term patent application has been accorded a date of filing, and is not regarded as being withdrawn under section 113(5), the Registrar must examine the application to ascertain whether the requirements of section 113 and of any rules made for the purposes of that section (formal requirements

116. Divisional short-term patent application
Where, after an application for a short-term patent has been filed and before the date under section 122 on which preparation for publication of the specification of the patent has been completed, a new application for a short-term patent is filed by the original applicant or his successor in title in accordance with the rules to be prescribed, being an application— (Amended 64 of 2000 s. 37)
(a) which is in respect of any part of the subject-matter contained in the earlier short-term patent application;
(b) which complies with the relevant requirements including procedures and time limits specified in the rules; and
(c) which does not contravene section 103(1), (Amended 17 of 2016 s. 109)
then such new application shall be treated as having, as its date of filing, the date of filing of the earlier short-term application and shall have the benefit of any right of priority.

### Patents Ordinance 《專利條例》

117. Formality examination only
Except as expressly provided to the contrary, nothing in this Part providing for the examination by the Registrar of an application for a short-term patent for an invention shall be construed as imposing any obligation upon the Registrar to consider or to have regard to, for the purpose of such examination, any question as to—
(a) the patentability of the invention;
(b) whether the applicant is entitled to any priority claimed in the application;
(c) whether the invention is properly disclosed in the application; or
(d) any matter specified in section 9A, 9B, 9C, 9D, 9E, 9F, 77, 78, 79, 103, 109, 110, 111(2), (3), (4), (5) or (6) or 113(1A)(b)(ii). (Replaced 17 of 2016 s. 110)

118. Grant of short-term patent and publication
(1) If on examination by the Registrar under section 115(1) an application for a short-term patent is found to have satisfied the requirements of that provision, or if on a subsequent examination the deficiencies under section 115(2) are found to have been corrected in accordance with the rules, then as soon as practicable after such examination, but subject to sections 119 and 124, the Registrar shall grant a short-term patent for the invention. (Amended 17 of 2016 s. 112)
(2) As soon as practicable after a short-term patent has been granted under this section the Registrar shall—
(a) publish in the prescribed manner the specification of the short-term patent, the names of the proprietor and, if different, the inventor;
(b) issue a certificate of grant; and
(c) advertise the fact of such grant by notice in the official journal. (Amended 2 of 2001 s. 14)
(3) The Registrar may in any publication under subsection (2)(a) publish in addition to the matters specified in that subsection any other matters constituting or relating to the patent which in the Registrar’s opinion it is desirable to publish.

### Patents Ordinance 《專利條例》

119. Deferral of grant of patent at applicant’s request
(1) Where in his application for a short-term patent an applicant has requested the Registrar to defer the grant of a patent for a period specified in the application, a short-term patent shall not be granted in that application until—
(a) the expiry of that period, or of such shorter period as the applicant may subsequently specify by notice filed with the Registrar, after the date on which the requirements of section 115(1) are found to have been satisfied; or
(b) 12 months after the date of filing of the application,
whichever occurs first.
(2) Where a request has been made under this section for the deferral of a grant, any grant under section 118(1) shall be made by the Registrar as soon as possible after the expiry of the period of deferral applying by virtue of this section.

120. Amendment of application for short-term patent before grant
(1) Subject to this section and sections 122 and 103(2), at any time before a patent is granted under this Part an applicant may, in accordance with the prescribed conditions, amend the application of his own volition. (Amended 17 of 2016 s. 113)
(2) (Repealed 17 of 2016 s. 113)(3) The Registrar may, without an application being made to him for the purpose, amend the specification and abstract contained in an application for a short-term patent so as to acknowledge a registered trade mark.
[cf. 1977 c. 37 s. 19 U.K.]

121. Withdrawal of application
(1) At any time before a short-term patent is granted the applicant may, subject to section 122, withdraw in writing his application and any such withdrawal may not be revoked.
(2) Where a short-term patent application is withdrawn under this section, or is regarded under this Ordinance to have been withdrawn, or is refused under any provision of this Ordinance, the following provisions shall apply— (Amended 17 of 2016 s. 114)
(a) the applicant shall continue 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; (Amended 17 of 2016 s. 114)
(b) no other right may be claimed under this Ordinance in relation to the application.