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  • repealed
  • Patents Act 1953: repealed, on 24 February 2017, by section 7(1) of the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 (2016 No 89).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

(1)

Subject to the provisions of this Act, there shall be paid in respect of the grant of patents and applications therefor, and in respect of other matters relating to patents arising under this Act, such fees as may be from time to time prescribed by regulations made under this Act, and all such fees shall be paid into a Departmental Bank Account.

(2)

Any sum paid to the Commissioner by mistake, or any sum the payment of which is not required by the regulations made under this Act, may be refunded by the Commissioner, and all moneys so refunded shall be paid out of public money without further appropriation than this Act.

(3)

Fees in respect of international applications may, in accordance with New Zealand’s obligations under the Patent Cooperation Treaty, be collected by the Commissioner on behalf of—

(a)

the International Bureau; or

(b)

any international search authority that has been approved, for the purposes of this subsection, by the Minister as an appropriate authority on whose behalf the Commissioner may collect such fees.

Compare: 1921–22 No 18 s 117; Patents Act 1949 s 99 (UK)

Section 115(1): amended (with effect on 1 July 1989), on 26 July 1989, by section 86(1) of the Public Finance Act 1989 (1989 No 44).

Section 115(2): amended (with effect on 1 July 1989), on 26 July 1989, by section 86(1) of the Public Finance Act 1989 (1989 No 44).

Section 115(3): inserted, on 1 December 1992, by section 10 of the Patents Amendment Act 1992 (1992 No 81).