Patents Bill

  • enacted

Hon Simon Power

Patents Bill

Government Bill


As reported from the Commerce Committee


Purposes and overview


Act binds the Crown

General rules concerning what is patentable

Exclusions from patentability

Who may be granted patent

Power of patentee to deal with patent

Co-owners of patent

Disputes as to inventions made by employees

Time for putting application in order for acceptance



Assertions by third parties within prescribed period

Opposition to grant of patent

Re-examination after acceptance

General rules

Patents of addition

Restoration of lapsed patents

Restoration of patent applications

Substitution of applicants

Provisions for secrecy of certain inventions

What constitutes infringement

What does not constitute infringement

Counterclaim for revocation of patent

Bringing infringement proceeding in court

Relief for infringement

Notice and registration requirements for proceedings on interests in patents

Registration of assignments, licences, and other interests in patents

Vesting of patents and patent applications without probate or letters of administration

Termination of sales, leases, and licences of patented products and processes if patent no longer in force

Compulsory licences for supply of patented inventions predominantly in New Zealand

Compulsory licences for export of pharmaceutical products

General provisions relating to compulsory licences


Patents register

Searches of patents register and obtaining patent information

Changes to patents register and other official documents


Journal and other publications

Hearing before exercise of Commissioner's discretion

Giving evidence to Commissioner

Power to award costs

Appeals against Commissioner’s decisions

Costs of Commissioner

Commissioner and Assistant Commissioners

Intellectual Property Office of New Zealand

Māori advisory committee

Power to extend time limits

Serving notices

Requirements for summons

Fees and other money paid under Act


Transitional provisions for patents and patent applications

Transitional provisions for other applications, notices, and requests

Transitional provision for matters in force on commencement

Transitional provision for patents register

Transitional provisions for offences and infringements

Transitional provisions for patent attorneys

Transitional provisions for Commissioner and Assistant Commissioners


Legislative history

The Parliament of New Zealand enacts as follows: