New Zealand Legislation: Acts

19 Time for putting application in order for acceptance

• (1) Subject to subsection (1A) of this section, an application for a patent shall be void unless within 15 months from the date of filing of the complete specification, or within such longer period as may be allowed under the following provisions of this section, the applicant has complied with all requirements imposed on him by or under this Act, whether in connection with the complete specification or otherwise in relation to the application.

  (1A) The time period allowed in subsection (1) of this section, in relation to a Treaty application, shall commence on the day on which the applicant fulfils the applicant's obligations under Article 22(1) or Article 39(1) of the Patent Cooperation Treaty, as the case may require.

  (2) The period allowed by subsection (1) of this section shall be extended to such period, not exceeding 18 months from the date of filing of the complete specification, as may be specified in a notice given by the applicant to the Commissioner, if the notice is given and the prescribed fee paid before the expiration of the period so specified.

  (3) If at the expiration of the period allowed under the foregoing provisions of this section an appeal to the Court is pending under any of the provisions of this Act in respect of the application (or, in the case of an application for a patent of addition, either in respect of that application or in respect of the application for the patent for the main invention) or the time within which such an appeal could be brought in accordance with the rules of Court (apart from any future extension of time thereunder) has not expired, then—

  • (a) Where such an appeal is pending or is brought within the time aforesaid or before the expiration of any extension of that time granted (in the case of a first extension) on an application made within that time or (in the case of a subsequent extension) on an application made before the expiration of the last previous extension, the said period shall be extended until such date as the Court may determine:

  • (b) Where no such appeal is pending or is so brought, the said period shall continue until the end of the time aforesaid, or, if any extension of that time is granted as aforesaid, until the expiration of the extension or last extension so granted.

  Compare: Patents Act 1949, s 12 (UK);, No 26, s 72

  Subsection (1) was amended, as from 1 December 1992, by section 6(1) Patents Amendment Act 1992 (1992 No 81) by inserting the words “Subject to subsection (1A) of this section,”.

  Subsection (1A) was inserted, as from 1 December 1992, by section 6(2) Patents Amendment Act 1992 (1992 No 81).