New Zealand Legislation: Bills
Bills are proposed Acts
(1) In this Act, unless the context otherwise requires,—
acquirer has, in sections 160 and 161, the meaning set out in section 160(1)
applicant—
(a) means a person who has applied for a patent for an invention; and
(b) includes a person in whose favour a direction has been given under section 122 or 124 and the personal representative of a deceased applicant
assignee includes the personal representative of a deceased assignee; and references to the assignee of any person include references to the assignee of the personal representative or assignee of that person
basic application means an application for protection in respect of an invention, being an application that is made in a convention country (whether before or after it became a convention country)
Board means the Patent Attorneys’ Standards Board of New Zealand established under section 237
Budapest Treaty—
(a) means the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure signed at Budapest on 28 April 1977, together with the regulations annexed to that treaty; and
(b) includes any amendments, modifications, and revisions from time to time made to that treaty or those regulations, being amendments, modifications, and revisions to which New Zealand is a party and by which New Zealand is bound
claim means a claim of the complete specification
code of conduct means the applicable code of conduct for patent attorneys and patent attorney companies under section 201
Commissioner—
(a) means the Commissioner of Patents appointed under section 266; and
(b) includes an Assistant Commissioner of Patents appointed under section 266
convention applicant, in relation to a basic application, means a person who—
(a) has made the basic application; or
(b) is the assignee of the person who made the basic application; or
(c) is the personal representative of a person mentioned in paragraph (a) or (b); or
(d) has the consent of a person mentioned in paragraph (a), (b), or (c) to make a convention application based on that basic application
convention application means a patent application made under subpart 4 of Part 3
convention country, in a provision of this Act, means an entity for the time being declared by an order made under section 294 to be a convention country for the purposes of that provision
court means the High Court
date of the publication of the accepted complete specification has the meaning set out in section 70
depositary institution means a body or institution that receives, accepts, and stores micro-organisms and furnishes samples of micro-organisms
disciplinary matter means a complaint about, or inquiry into, the conduct of a patent attorney or patent attorney company or a decision on that inquiry or complaint
exclusive licence means a licence from a patentee that gives the licensee (or the licensee and persons authorised by the licensee) any of the patentee’s exclusive rights under section 17 to the exclusion of the patentee and all other persons
exploit has the meaning set out in section 17
file means file with IPONZ
filing date, in relation to a document filed under this Act, means—
(a) the date on which the document is filed; or
(b) the date on which the document is treated as having been filed (if it is treated under this Act or the regulations as having been filed on a different date)
government department means any department or instrument of the Executive Government of New Zealand, or any branch or division of any of those departments or instruments
incorporated law firm has the meaning set out in section 6 of the Lawyers and Conveyancers Act 2006
Institute means the New Zealand Institute of Patent Attorneys (Incorporated)
integrated circuit means a circuit, in its final or an intermediate form, if—
(a) the elements of the circuit and some or all of the interconnections are integrally formed in or on a piece of material; and
(b) at least one of the elements of the circuit is an active element; and
(c) the circuit is intended to perform an electronic function
interested party, in relation to a patent application, means the applicant or a joint applicant, or a person who claims to be entitled to the grant of a patent on the application, either alone or jointly with another person
international application means an application made under the Patent Cooperation Treaty for the protection of an invention
International Bureau means the International Bureau of the World Intellectual Property Organization
international depositary authority has the same meaning as in the Budapest Treaty
international filing date means the international filing date given to an international application under Article 11 or 14(2) of the Patent Cooperation Treaty
invention includes an alleged invention
inventive step has the meaning set out in section 7
inventor,—
(a) in relation to an invention, means the actual deviser of the invention; but
(b) in section 9, has the meaning set out in section 9(2)
IPONZ means the Intellectual Property Office of New Zealand
journal means the journal published under section 254
lawyer has the meaning set out in section 6 of the Lawyers and Conveyancers Act 2006
licence means a licence to do anything that the patentee otherwise has the exclusive right to do under section 17
main invention has the meaning set out in section 98
Māori advisory committee means the committee appointed under section 275
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
nominated person, in relation to a patent application, means the person identified as the person to whom the patent is to be granted
novel has the meaning set out in section 6
patent means letters patent for an invention
patent application means an application for a patent under this Act
patent area means—
(a) New Zealand; and
(b) all waters within the outer limits of the territorial sea of New Zealand (as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977); and
(c) the airspace above New Zealand and those waters
patent attorney means a registered patent attorney
patent attorney company has the meaning set out in section 185
patent attorney partnership has the meaning set out in section 186
Patent Cooperation Treaty—
(a) means the Patent Cooperation Treaty signed at Washington on 19 June 1970; and
(b) includes any amendments, modifications, and revisions from time to time made to that Treaty, being amendments, modifications, and revisions to which New Zealand is a party and by which New Zealand is bound
patent date, in relation to a patent, means the date given to the patent under section 95
patent of addition means a patent granted under sections 98 to 103
patentable invention has the meaning set out in section 13
patented process means a process for which a patent has been granted and is in force
patented product means a product for which a patent has been granted and is in force
patentee means the person entered in the patents register as the grantee or owner of a patent at the relevant time
patents register means the patents register kept under section 241
personal representative, in relation to a deceased person,—
(a) means a person to whom probate of the will of the deceased person, letters of administration of the estate of the deceased person, or any other similar grant, has been granted, whether in New Zealand or anywhere else; but
(b) does not include a person referred to in paragraph (a) if, under the terms of the grant, the person is not entitled to do an act in relation to which the expression is used
prescribed means prescribed by regulations
prescribed depositary institution means—
(a) an international depositary authority, whether in or outside New Zealand; or
(b) any other depositary institution in New Zealand that is prescribed for the purposes of this paragraph
prior art base has the meaning set out in section 8, and prior art has a corresponding meaning
priority date, in relation to a claim, means the priority date given to the claim under subpart 5 of Part 3
publicly notify, in relation to the Commissioner, has the meaning set out in subsection (3)
publish, in relation to the Commissioner publishing anything in the journal, has the meaning set out in subsection (4)
receiving Office has the same meaning as in Article 2(xv) of the Patent Cooperation Treaty
register of patent attorneys or patent attorneys register means the register kept under section 230
registered, in relation to a patent attorney, means registered as a patent attorney under Part 5
registration certificate means a registration certificate that is issued under Part 5
regulations means regulations in force under this Act
relevant proceeding, in relation to a patent, means a court proceeding—
(a) for infringement of the patent; or
(b) for the revocation of the patent; or
(c) in which the validity of the patent, or of a claim, is in dispute
rules relating to micro-organisms means—
(a) the provisions of the Budapest Treaty that are applicable; and
(b) the provisions of the regulations that relate to micro-organisms
Statute of Monopolies means the Act of the 21st year of the reign of King James the First, chapter 3, being an Act concerning monopolies and dispensations with penal laws and the forfeiture thereof
Treaty application means an international application—
(a) that contains a request specifying New Zealand as a designated State under Article 4(1)(ii) of the Patent Cooperation Treaty; and
(b) that has been given an international filing date
Treaty regulations—
(a) means the regulations made under the Patent Cooperation Treaty; and
(b) includes any amendments from time to time made to those regulations
useful has the meaning set out in section 10.
(2) In the case of an entity that is a convention country but is not a State, part of a State, or a territory for whose international relations a State is responsible,—
(a) a reference in this Act to an application for protection in a country or an application for protection in respect of a country must be read as a reference to an application for protection under the rules of the entity; and
(b) a reference in this Act to filing a specification in a convention country must be read as a reference to filing a specification under the rules of the entity; and
(c) a reference in this Act to the law of a convention country must be read as a reference to the rules of the entity; and
(d) a reference in this Act to the Government of a convention country must be read as a reference to the governing body of the entity.
(3) The Commissioner may comply with any requirement in this Act for the Commissioner to publicly notify anything by—
(a) publishing it on a website maintained for IPONZ’s purposes; and
(b) if the Commissioner thinks fit, also publishing it by any other means that the Commissioner considers appropriate to make it known to persons that are likely to have an interest in the matter.
(4) Any requirement in this Act for the Commissioner to publish anything in the journal requires the Commissioner to publish that matter in the journal in the manner required by the regulations (if any).
Compare: 1953 No 64 s 2