### Patents Ordinance 《專利條例》

30. Effect of restoration of rights under section 29
(1) The effect of a restoration under section 29 is as follows.
(2) A person who, during the period between the loss of rights referred to in section 29(1) and the advertisement in the official journal of notice of the application for restoration under section 29(3)— (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 in the standard patent (R) application. 
(Amended 17 of 2016 s. 36)[cf. 1992 No. 1 s. 55(2) to (4) Eire]

### Patents Ordinance 《專利條例》

31. Amendment of application for standard patent (R)
(Amended 17 of 2016 s. 38)(1) Subject to this section and sections 36 and 103(2), an applicant for a standard patent (R) may at any time before a standard patent (R) is granted pursuant to the application, in accordance with the prescribed conditions, amend the application of his own volition. (Amended 17 of 2016 s. 38)
(2) No amendment may be made under subsection (1) to the title of the invention, the abstract, a priority claim or any claim, description or drawing unless—
(a) the application has been published; and
(b) the amendment is an amendment that has been made to the corresponding designated patent application.
(3) Upon receipt of particulars of an amendment filed in accordance with subsections (1) and (2) the Registrar shall record the amendment.

32. Withdrawal of application
(1) Subject to section 36, an applicant for a standard patent (R) may at any time before a standard patent (R) is granted pursuant to the application withdraw in writing his application and any such withdrawal may not be revoked.
(2) Where a standard patent (R) application is withdrawn under this section, or is deemed or regarded under this Ordinance to have been withdrawn, or is refused under any provision of this Ordinance, then— (Amended 17 of 2016 s. 39)
(a) if the application has been published, section 9B(3) shall continue to apply as regards the application;
(b) the applicant shall continue to enjoy the right of priority under section 11B which he enjoyed immediately before such withdrawal or refusal;
(c) no other right may be claimed under this Ordinance in relation to the application.
(Amended 17 of 2016 s. 39)

33. Maintaining application for standard patent (R)
(Amended 17 of 2016 s. 40)(1) This section applies to an application for a standard patent (R) which has been published but in which no request has been made for registration and grant under section 23.
(2) If it is desired to maintain a standard patent (R) application to which this section applies for a further year after the expiry of the 5th or any succeeding year from the date specified in subsection (3), the applicant shall, before the expiry of that 5th or succeeding year (as the case may be), but not earlier than a date 3 months before that expiry, apply to the Registrar in the prescribed manner for the maintenance of the patent application (maintenance application

### Patents Ordinance 《專利條例》

34. Restoring application for standard patent (R)
(Amended 17 of 2016 s. 41)(1) Where an application for a standard patent (R) is deemed withdrawn under section 33 by reason only of the failure to pay any maintenance fee under that section within the period specified then the applicant may, within 12 months after the date on which the application was deemed withdrawn and on payment of the prescribed fee, apply to the Registrar in the prescribed manner for the restoration of the application for a standard patent (R). (Amended 17 of 2016 s. 41)
(2) The Registrar shall advertise in the official journal notice of any application under subsection (1). (Amended 2 of 2001 s. 14)
(3) If on an application under subsection (1)—
(a) the Registrar is satisfied that the failure to pay the maintenance fee within the specified period, or that fee and any additional fee under section 33(4) within 6 months after the end of the specified period, occurred in spite of the applicant having taken all reasonable care required by the circumstances; and
(b) the requirements of subsection (4) are met,
the Registrar shall order that the request to record be restored on payment of any such unpaid maintenance fee and additional fee.
(4) An order for restoration shall not be made under subsection (3) unless it appears to the Registrar that at the date of the application for restoration—
(a) the designated patent application is still valid and not withdrawn; and
(b) a patent has not been granted in pursuance of that application or, if granted, the time for filing a request for registration and grant under section 23 has not expired.
[cf. EPC Art. 122]