Reprint as at 13 September 2014

Patents Act 1953

Public Act1953 No 64
Date of assent26 November 1953
Commencementsee section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.


Contents

Title

1 Short Title and commencement

2 Interpretation

2A Act preserved for patent attorney provisions

3 Commissioner of Patents [Repealed]

4 Assistant Commissioners of Patents and other officers [Repealed]

5 Patent Office [Repealed]

5A Closing of Patent Office at short notice [Repealed]

6 Officers and employees of Patent Office not to acquire interest in any patent or prepare specifications [Repealed]

Application, investigation, opposition, etc

[Repealed]

7 Persons entitled to make application [Repealed]

8 Application [Repealed]

9 Complete and provisional specifications [Repealed]

10 Contents of specification [Repealed]

11 Priority date of claims of complete specification [Repealed]

12 Examination of application [Repealed]

13 Search for anticipation by previous publication [Repealed]

14 Search for anticipation by prior claim [Repealed]

15 Commissioner may require information as to corresponding applications overseas [Repealed]

16 Reference in case of potential infringement [Repealed]

17 Refusal of application in certain cases [Repealed]

18 Supplementary provisions as to examination, etc [Repealed]

19 Time for putting application in order for acceptance [Repealed]

20 Acceptance and publication of complete specification [Repealed]

21 Opposition to grant of patent [Repealed]

22 Refusal of patent without opposition [Repealed]

23 Mention of inventor as such in patent [Repealed]

24 Substitution of applicants, etc [Repealed]

25 Provisions for secrecy of certain inventions [Repealed]

26 Inventions relating to atomic energy [Repealed]

Treaty application

[Repealed]

26A Treaty application deemed to be application accompanied by complete specification [Repealed]

26B Description, claims, and drawings [Repealed]

26C International filing date [Repealed]

26D Commissioner to provide international filing date [Repealed]

26E Amendments to documents forming part of complete specification [Repealed]

26F Treaty application void [Repealed]

26G Requirements for examination of Treaty application [Repealed]

26H Publication of Treaty applications [Repealed]

Grant, effect, and term of patent

[Repealed]

27 Grant and sealing of patent [Repealed]

28 Amendment of patent granted to deceased applicant [Repealed]

29 Extent, effect, and form of patent [Repealed]

30 Date and term of patent [Repealed]

31 Extension on ground of inadequate remuneration [Repealed]

32 Extension on ground of war loss [Repealed]

33 Extension on ground of war loss of licensee [Repealed]

34 Patents of addition [Repealed]

Restoration of lapsed patents and patent applications

[Repealed]

35 Restoration of lapsed patents [Repealed]

36 Restoration of applications where patent not sealed [Repealed]

37 Restoration of application where complete specification not accepted [Repealed]

Amendment of specifications

[Repealed]

38 Amendment of specification with leave of Commissioner [Repealed]

39 Amendment of specification with leave of court [Repealed]

40 Supplementary provisions as to amendment of specification [Repealed]

Revocation and surrender of patents

[Repealed]

41 Revocation of patent by court [Repealed]

42 Revocation of patent by Commissioner [Repealed]

43 Surrender of patent [Repealed]

Voluntary endorsement of patent

[Repealed]

44 Endorsement of patent licences of right [Repealed]

45 Cancellation of endorsement under section 44 [Repealed]

Compulsory licences, etc

[Repealed]

46 Compulsory licence [Repealed]

47 Provisions as to licences under section 46 [Repealed]

48 Exercise of powers on applications under section 46 [Repealed]

49 Endorsement, etc, on application of Crown [Repealed]

50 Revocation of patent [Repealed]

51 Inventions relating to food or medicine, etc [Repealed]

52 Procedure on application under sections 46 to 50 [Repealed]

53 Appeal and references to arbitrator [Repealed]

54 Supplementary provisions [Repealed]

Use of patented inventions for services of the Crown

[Repealed]

55 Use of patented inventions for services of the Crown [Repealed]

56 Rights of third parties in respect of Crown use [Repealed]

57 Reference of disputes as to Crown use [Repealed]

58 Special provisions as to Crown use during emergency [Repealed]

58A Nature and scope of rights under section 55 [Repealed]

58B Duty to inform owner [Repealed]

58C Patentee entitled to remuneration [Repealed]

Anticipation, etc

[Repealed]

59 Previous publication [Repealed]

60 Previous communication, display, or working [Repealed]

61 Use and publication after provisional specification or foreign application [Repealed]

62 Priority date in case of obtaining [Repealed]

Miscellaneous provisions as to rights in inventions

[Repealed]

63 Co-ownership of patents [Repealed]

64 Power of Commissioner to give directions to co-owners [Repealed]

65 Disputes as to inventions made by employees [Repealed]

66 Avoidance of certain restrictive conditions [Repealed]

67 Determination of certain contracts [Repealed]

Proceedings for infringement, etc

[Repealed]

68 Restrictions on recovery of damages for infringement [Repealed]

68A Burden of proof for infringement of process patent [Repealed]

68B Regulatory review exception [Repealed]

69 Order for account in action for infringement [Repealed]

70 Counterclaim for revocation in action for infringement [Repealed]

71 Relief for infringement of partially valid specification [Repealed]

72 Proceedings for infringement by exclusive licensee [Repealed]

73 Certificate of contested validity of specification [Repealed]

74 Remedy for groundless threats of infringement proceedings [Repealed]

75 Power of court to make declaration as to non-infringement [Repealed]

76 Attorney-General may appear in patent proceedings [Repealed]

International agreements, etc

[Repealed]

77 Orders in Council as to convention countries [Repealed]

78 Supplementary provisions as to convention applications [Repealed]

79 Special provisions as to vessels, aircraft, and land vehicles [Repealed]

80 Extension of time for certain convention applications [Repealed]

81 Protection of inventions communicated under international agreements [Repealed]

82 Regulations under section 80 or section 81 [Repealed]

Register of patents, etc

83 Register of patents [Repealed]

84 Registration of assignments, etc [Repealed]

85 Limitation of proceedings [Repealed]

85A Application of Personal Property Securities Act 1999 [Repealed]

86 Commissioner may dispense with production of probate or letters of administration in certain cases [Repealed]

87 Rectification of register of patents by court [Repealed]

88 Correction of errors [Repealed]

89 Evidence of entries, documents, etc

90 Requests for information as to patent or patent application [Repealed]

91 Restriction upon publication of specifications, etc [Repealed]

92 Loss or destruction of patent [Repealed]

93 Commissioner may grant extension of time [Repealed]

93A Additional provisions for extending time limits [Repealed]

Proceedings before Commissioner

[Repealed]

94 Exercise of discretionary powers of Commissioner [Repealed]

95 Costs and security for costs [Repealed]

96 Evidence before Commissioner [Repealed]

Appeals

[Repealed]

97 Appeals to High Court [Repealed]

98 Appeals to Court of Appeal [Repealed]

99 Costs of Commissioner in proceedings before court [Repealed]

Patent attorneys

100 Registration of patent attorneys

101 Powers of patent attorneys

102 Cancellation of registration of patent attorneys

103 Restrictions on practice as patent attorney

104 Recovery of patent attorney's charges

Offences

105 Falsification of register, etc

106 Unauthorised claim of patent rights [Repealed]

107 Protection of Royal Arms, etc [Repealed]

108 Offences by companies

109 Certain offences may be dealt with summarily [Repealed]

Miscellaneous

110 Service of notices, etc, by post

111 Declaration by person under disability [Repealed]

112 Journal, indexes, etc [Repealed]

113 Rules of court [Repealed]

114 Regulations

115 Fees

116 Annual report of Commissioner [Repealed]

117 Saving for Royal prerogative, etc [Repealed]

118 Application of Act to Tokelau [Repealed]

119 Repeals and savings [Repealed]

Schedule 1
Enactments repealed

[Repealed]

Schedule 2
Regulations revoked

[Repealed]

Schedule 3
Transitional provisions

[Repealed]

Patents Amendment Act 1992

Patents Amendment Act 1994

Patents Act 2013

Reprint notes


An Act to consolidate and amend certain enactments relating to patents