New Zealand Legislation: Acts

26E Amendments to documents forming part of complete specification

• (1) Where an English translation of a Treaty application has been filed with the Commissioner, or has been published under Article 21 of the Patent Cooperation Treaty by the International Bureau, the description, claims, and any matter associated with the drawings, contained in the application, are deemed for the purposes of this Act, to have been amended, on the day the translation was filed, by substituting the translated documents for those originally filed.

  (2) Where—

  • (a) A Treaty application has been amended under Article 19(1) of the Patent Cooperation Treaty; or

  • (b) A Treaty application has been amended under Article 34 of the Patent Cooperation Treaty, and New Zealand has been chosen by the applicant to be an elected State under Article 31(4)(a) of the Patent Cooperation Treaty within the prescribed time limit,—

  the description, claims, and drawings contained in that Treaty application shall be deemed, for the purposes of this Act, to have been amended on the day on which the amendment was made.

  (3) Where a Treaty application has been rectified under Rule 91 of the Treaty regulations, the description, claims, and drawings contained in that Treaty application shall be deemed, for the purposes of this Act, to have been amended on the application's international filing date.

  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).