New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) At any time within the period prescribed by subsection (2) of this section any person interested may give notice to the Commissioner of opposition to the grant of the patent on any of the following grounds:
(a) That the applicant for the patent, or the person described in the application as the true and first inventor, obtained the invention or any part thereof from him, or from a person of whom he is the personal representative:
(b) That the invention, so far as claimed in any claim of the complete specification, has been published in New Zealand before the priority date of the claim—
(i) In any specification filed in pursuance of an application for a patent made in New Zealand and dated within 50 years next before the date of filing of the applicant's complete specification:
(ii) In any other document (not being a document of any class described in subsection (1) of section 59 of this Act):
(c) That the invention, so far as claimed in any claim of the complete specification, is claimed in any claim of a complete specification published on or after the priority date of the applicant's claim and filed in pursuance of an application for a patent in New Zealand, being a claim of which the priority date is earlier than that of the applicant's claim:
(d) That the invention, so far as claimed in any claim of the complete specification, was used in New Zealand before the priority date of that claim:
(e) That the invention, so far as claimed in any claim of the complete specification, is obvious and clearly does not involve any inventive step having regard to matter published as mentioned in paragraph (b) of this subsection, or having regard to what was used in New Zealand before the priority date of the applicant's claim:
(f) That the subject of any claim of the complete specification is not an invention within the meaning of this Act:
(g) That the complete specification does not sufficiently and fairly describe the invention or the method by which it is to be performed:
(h) That, in the case of a convention application, the application was not made within 12 months from the date of the first application for protection for the invention made in a convention country by the applicant or a person from whom he derives title:
(i) That, in the case of an application to which an order under section 37 of this Act applies, the failure of the applicant to comply with the requirements imposed on him by or under this Act within the period prescribed by section 19 of this Act and every extension of that period granted under that section or under section 93 of this Act was not unintentional:
(j) That in the case of an application to which an order under section 37 of this Act applies, there was undue delay in applying for the order:
(k) That, in the case of an application under section 93A of this Act, an extension of time granted by the Commissioner was unwarranted,—
but on no other ground.
(2) Every such notice shall be given within 3 months from the date of the publication of the complete specification under this Act:
Provided that on application made to him in that behalf within the said 3 months the Commissioner may extend the prescribed period to 4 months.
(3) Where any such notice is given, the Commissioner shall give notice of the opposition to the applicant, and shall give to the applicant and the opponent an opportunity to be heard before he decides on the case.
(4) The grant of a patent shall not be refused on the ground specified in paragraph (c) of subsection (1) of this section if no patent has been granted in pursuance of the application mentioned in that paragraph; and for the purposes of paragraph (d) or paragraph (e) of the said subsection (1) no account shall be taken of any secret use.
(5) An appeal to the Court shall lie from any decision of the Commissioner under this section.
Compare: Patents Act 1949, s 14 (UK); 1939 No 26 s 57
Subsection (1)(k) was inserted, as from 20 October 1972, by section 3 Patents Amendment Act 1972 (1972 No 91).
