### Patents Ordinance 《專利條例》

35. Effect of restoration order under section 34
(1) The effect of a restoration under section 34(4) is as follows.
(2) A person who, during the period between any deemed withdrawal such as is mentioned in section 34(1) and the advertisement in the official journal of notice of the application for restoration under section 34(2)— (Amended 2 of 2001 s. 14)
(a) does in good faith an act which would constitute an infringement of the applicant’s rights under the published application for a standard patent (R) if those rights had not been lost; or
(b) makes in good faith effective and serious preparations to do such an act,
has the rights specified in subsection (3).
(3) The rights referred to in subsection (2) are—
(a) the right to continue to do or, as the case may be, to do the act referred to in subsection (2);
(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 applicant’s rights under the published application for a standard patent (R) concerned.
(4) The rights specified in subsection (3) shall not include the right to grant a licence to any person to do an act referred to in subsection (2).
(5) Where a product is disposed of to another in exercise of a right conferred by subsection (3), 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 the applicant of the standard patent (R) application.
(6) This section applies in relation to the Government use of an invention in respect of which an application has been made as it applies in relation to infringement of the rights conferred by publication of an application for a standard patent (R) for the invention.
(Amended 17 of 2016 s. 42)[cf. 1992 No. 1 s. 55(2) to (4) Eire]

### Patents Ordinance 《專利條例》

36. Limitation on withdrawal, amendment, etc. of application
No withdrawal of an application under section 32, no request to enter a record of a divisional application under section 22(1) nor any amendment under section 31 shall be allowed after the date on which preparations for publication under section 27(3) of the specification of a standard patent (R) to be granted in pursuance of the application have been completed.
(Amended 17 of 2016 s. 43)

37. Registrar may refuse to record under section 20 or to register and grant under section 27
(1) The Registrar may refuse to record a designated patent application under section 20(1) or to register a designated patent under section 27 if he considers that the invention the subject of the application for the standard patent (R) is not a patentable invention by reason of any of the matters specified in section 9A(5). (Amended 17 of 2016 s. 44)
(2) The Registrar shall give notice in writing to the applicant of any such refusal.

37A. Interpretation of Division 1 of Part 3
In this Division— 
Hong Kong application (香港申請) means a standard patent (O) application or short-term patent application;
non-Hong Kong application (非香港申請) means an application for a patent or other protection in or for a Paris Convention country or WTO member country, territory or area, other than a patent application under this Ordinance.

37B. Non-prejudicial disclosure
(1) For the purposes of section 9B, if the conditions specified in subsection (2) are satisfied, a disclosure of an invention that is the subject of a standard patent (O) application is not to be taken into consideration in determining whether the invention forms part of the state of the art.
(2) The conditions are—
(a) the disclosure occurred no earlier than 6 months before the date of filing of the standard patent (O) application; and
(b) the disclosure was due to, or in consequence of—
(i) an evident abuse in relation to the applicant or a proprietor of the invention for the time being; or
(ii) the fact that the applicant or a proprietor of the invention for the time being had displayed the invention at an official, or officially recognized, international exhibition falling within the terms of the Convention on International Exhibitions signed at Paris on 22 November 1928, as applied to Hong Kong.
(3) Subsection (2)(b)(ii) applies only if the standard patent (O) application as filed contains—
(a) a statement to the effect that the invention had been so displayed; and
(b) the prescribed written evidence in support of the statement.

### Patents Ordinance 《專利條例》

37D. Restoration of priority right
(1) This section applies if—
(a) a person files a non-Hong Kong application or Hong Kong application for an invention; and
(b) the person or the person’s successor in title files a subsequent standard patent (O) application for the same invention within 2 months after the expiry of the 12-month period referred to in section 37C(2).
(2) The applicant of the subsequent standard patent (O) application may apply to the Registrar for restoring the priority right of the patent application.
(3) The application for restoring the priority right (restoration application

37E. Claiming priority
(1) An applicant for a standard patent (O) desiring to take advantage of the priority of a previous application must file, in the prescribed manner and within the prescribed time, a statement of priority and a copy of the previous application.
(2) Multiple priorities, whether or not they originated in different countries, may be claimed—
(a) in respect of a standard patent (O) application; and
(b) if appropriate, for any one claim in the application.
(3) If multiple priorities are claimed, a time limit that runs from the date of priority is to run from the earliest date of priority.
(4) If one or more priorities are claimed in respect of a standard patent (O) application, the right of priority is to cover only those elements of the application that are included in the previous application or applications the priority of which is claimed. 
(5) Although certain elements of the invention for which priority is claimed do not appear among the claims formulated in the previous application, priority may still be granted if the documents of the previous application as a whole specifically disclosed the elements.

37F. Effect of priority right
(1) The right of priority conferred by section 37C has the effect that the date of priority of a previous application claimed under section 37E is to be regarded as the date of priority of the standard patent (O) application for the purposes of this Ordinance.
(2) If—
(a) a standard patent (O) application is filed; and 
(b) the priority of a previous application is claimed under section 37E,
then despite anything contained in this Ordinance, the standard patent (O) application, and the standard patent (O) granted because of it, are not to be invalidated only because any subject-matter disclosed in the previous application was made available to the public at any time after the date of filing of the previous application.