New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Subject to subsections (2) and (3) of this section, where—
(a) A request contained in an international application specifies New Zealand as a designated State under Article 4(1)(ii) of the Patent Cooperation Treaty; and
(b) Either—
(i) The receiving Office has refused to accord the international application an international filing date under Article 11(1) of the Patent Cooperation Treaty or has declared that the international application is considered withdrawn; or
(ii) The International Bureau has made a finding under Article 12(3) of the Patent Cooperation Treaty that the international application is considered withdrawn; and
(c) The Commissioner has decided under Article 25(2)(a) of the Patent Cooperation Treaty that the refusal or the declaration or the finding was the result of an error or omission on the part of the receiving Office or the International Bureau,—
the Commissioner shall give the application an international filing date, which date shall be the date of receipt of the application by the receiving Office under Article 11(1) of the Patent Cooperation Treaty, and the provisions of this Act shall apply to the application accordingly.
(2) Where, for the purposes of subsection (1) of this section, the date of receipt of the application by the receiving Office cannot be ascertained, the Commissioner may give the application an international filing date, and the provisions of this Act shall apply to the application accordingly.
(3) This section shall not apply to an international application that has been filed in a receiving Office in a language other than the English language, unless a translation of that application into the English language, verified in accordance with regulations made under this Act, has been furnished to the Commissioner.
Sections 26A to 26H and the preceding heading were inserted, as from 1 December 1992, by section 7 Patents Amendment Act 1992 (1992 No 81).
