New Zealand Legislation: Acts

26G Requirements for examination of Treaty application

• (1) Subject to the provisions of subsection (2) of this section, and notwithstanding section 26A of this Act, the Commissioner shall not exercise his or her powers under section 12 of this Act until—

  • (a) The applicant has fulfilled the applicant's obligations under Article 22(1) or Article 39(1) of the Patent Cooperation Treaty; and

  • (b) The prescribed time limit has expired; and

  • (c) Where applicable, a translation of the international application into the English language has been filed with the Commissioner and verified in accordance with regulations made under this Act; and

  • (d) All documents required to be filed pursuant to this Act and any regulations made under this Act have been filed; and

  • (e) All fees required to be paid pursuant to this Act and any regulations made under this Act have been paid.

  (2) Notwithstanding the provisions of subsection (1) of this section, the Commissioner may, on the express request of the applicant, exercise his or her powers under section 12 of this Act at any time.

  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).