Patents Bill

  • enacted
90 Report on re-examination
  • (1) On re-examining a complete specification under this subpart, the Commissioner must consider and report on whether, to the best of the Commissioner’s knowledge, the invention, so far as claimed in a claim, when compared with the prior art base,—

    • (a) is novel; and

    • (b) involves an inventive step.

    (2) For the purposes of subsection (1), in considering the prior art base, account must not be taken of information that is made publicly available only through the doing of an act (whether in or out of New Zealand).

    (1) On a re-examination under this subpart, the Commissioner must consider and report on whether the Commissioner is satisfied, on the balance of probabilities, that any of the relevant grounds are established.

    (2) For the purposes of subsection (1) and sections 91 and 92, relevant grounds means,—

    • (a) in the case of a request under section 88(1), the grounds specified under section 88(2)(a) and any other grounds set out in section 87A that the Commissioner has decided to consider:

    • (b) in the case of a re-examination under section 88 that is commenced by the Commissioner, the grounds set out in section 87A that the Commissioner has decided to consider:

    • (c) in the case of a request under section 89(1), the grounds specified under section 89(2)(a) and any other grounds set out in section 106 that the Commissioner has decided to consider:

    • (d) in the case of a re-examination under section 89 that is commenced by the Commissioner, the grounds set out in section 106 that the Commissioner has decided to consider:

    • (e) in the case of a re-examination that was directed under section 89(5), the grounds set out in section 106 that the court has asked the Commissioner to consider.

    (3) A copy of a report under this section must, if the re-examination was directed under section 89(5), be given by the Commissioner to the court that gave the direction.

    Compare: Patents Act 1990 ss 98, 100 (Aust)