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  • repealed
  • Patents Act 1953: repealed, on 24 February 2017, by section 7(1) of the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 (2016 No 89).

Patents Amendment Act 1994

Public Act
 
1994 No 122
Date of assent
 
9 December 1994
Commencement
 
see section 1(2)
1 Short Title and commencement

(1)

This Act may be cited as the Patents Amendment Act 1994, and shall be read together with and deemed part of the Patents Act 1953 (hereinafter referred to as “the principal Act”).

(2)

This Act shall come into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.

Section 1(2): this Act brought into force, on 1 January 1995, by the Patents Amendment Act Commencement Order 1994 (SR 1994/302).

17 Transitional provisions

(1)

Nothing in this Act applies to or affects—

(a)

any proceedings for revocation of a patent commenced before the commencement of this Act:

(b)

any proceedings for infringement of a patent commenced before the commencement of this Act:

(c)

any existing licences or applications for licences of right under section 46 of the principal Act in existence or made before the commencement of this Act:

(d)

any application for the extension of the term of a patent made before the commencement of this Act:

(e)

any reference to the court under section 57 of the principal Act made before the commencement of this Act:

(f)

subject to subsection (2), any application for a patent in respect of which a complete specification has been filed before the commencement of this Act,—

and any such proceedings, licences, applications, or references to the court shall continue as if this Act had not been enacted.

(2)

Where, in respect of an application for a patent, a complete specification has not been advertised under section 20(2) of the principal Act before the commencement of this Act, the application must be determined in accordance with the principal Act (as amended by this Act) if the applicant gives notice to the Commissioner in accordance with subsection (3) of this section, requesting that the application be determined in accordance with the principal Act (as so amended).

(3)

Any notice under subsection (2)—

(a)

must be in the prescribed form:

(b)

must be accompanied by the prescribed fee:

(c)

must be given on or before the date falling 6 months after the commencement of this Act, or on or before the date of grant of the patent, whichever occurs first.

18 Term of existing patents

(1)

Subject to subsections (2) and (3), the term of every patent that has not expired before the commencement of this Act shall, notwithstanding anything contained in the principal Act, be deemed to be 20 years from the date of the patent.

(2)

Nothing in subsection (1) applies to a patent the term of which has, before the commencement of this Act, been extended by the court or the Commissioner for a period exceeding 20 years from the date of the patent.

(3)

Nothing in subsection (1) applies to a patent the term of which is extended by the court or the Commissioner for a period exceeding 20 years from the date of the patent pursuant to an application for the extension of the term of the patent made before the commencement of this Act.