Patents Act 1953 No 64 (as at 01 August 2008), Public Act

22 Refusal of patent without opposition
  • (1) If at any time after the acceptance of the complete specification filed in pursuance of an application for a patent and before the grant of a patent thereon it comes to the notice of the Commissioner, otherwise than in consequence of proceedings in opposition to the grant under section 21 of this Act, 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—

    • (a) 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; or

    • (b) In any other document (not being a document of any class described in subsection (1) of section 59 of this Act),—

    the Commissioner may refuse to grant the patent unless within such time as may be prescribed the complete specification is amended to his satisfaction.

    (2) An appeal to the Court shall lie from any decision of the Commissioner under this section.

    Compare: Patents Act 1949, s 15 (UK)