Patents Act 1953

  • repealed
  • Patents Act 1953: repealed, on 24 February 2017, by section 7(1) of the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 (2016 No 89).
103 Restrictions on practice as patent attorney

(1)

No person either alone or in partnership shall carry on business, practise, act, describe himself or hold himself out, or permit himself to be described or held out, as a patent attorney or patent agent unless he is registered as a patent attorney, or, as the case may be, unless he and all his partners are so registered.

(2)

No company shall carry on business, practise, act, describe itself or hold itself out, or permit itself to be described or held out, as a patent attorney or patent agent:

provided that this subsection shall not apply in the case of any company which was immediately before the commencement of this Act carrying on business as a patent attorney during any period or periods while a manager or director of the company is registered as a patent attorney.

(3)

For the purposes of this section a person who or a company which undertakes for gain in New Zealand—

(a)

to apply for or obtain patents in New Zealand or elsewhere; or

(b)

to prepare specifications or other documents for the purposes of the Patents Act 2013, this Act, or the patent law of any country; or

(c)

to give advice other than of a scientific or technical nature as to the validity of patents or their infringement—

shall be deemed to carry on business as a patent attorney.

(4)

Any person who or company which fails to comply with or acts in contravention of the provisions of this section commits an offence, and shall be liable on conviction to a fine not exceeding $200.

(5)

Nothing in this section shall be construed as prohibiting barristers or solicitors of the High Court of New Zealand from giving professional advice or taking such part in proceedings under the Patents Act 2013 or this Act as has heretofore been taken by them.

(6)

Nothing in this section shall prevent the personal representative of a deceased patent attorney from carrying on the business or practice of the deceased patent attorney for a period not exceeding 3 years from the date of the death of the patent attorney, or for such further period (if any) as the court may allow, if the personal representative is himself registered as a patent attorney or employs a person who is registered as a patent attorney to manage the business or practice.

Compare: 1921–22 No 18 s 135

Section 103(3)(b): amended, on 13 September 2014, by section 249 of the Patents Act 2013 (2013 No 68).

Section 103(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 103(5): amended, on 13 September 2014, by section 249 of the Patents Act 2013 (2013 No 68).

Section 103(5): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).