Patents Regulations 1954

Reprint as at 24 February 2017

Coat of Arms of New Zealand

Patents Regulations 1954

(SR 1954/211)

C W M Norrie, Governor-General

Order in Council

At the Government Buildings at Wellington this 7th day of December 1954

Present:
The Right Hon S G Holland presiding in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

Pursuant to the Patents Act 1953, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Contents

1Title, commencement, and arrangement
2Interpretation
2AApplication of these regulations for transitional purposes
3Fees payable according to Schedule 1
4Time of payment
5Form of payment
6Payments by post
7Payments from beyond New Zealand
8Notice of fees due
9Forms prescribed in Schedule 2
10Form and size of documents
11Duplicate documents
12Numbering of pages
13Agents may act for applicants
14Authorization of agent
15Revocation of agent’s authority
16Refusal to recognize agent
17Addressing of correspondence
18Address for service required in all cases
19Appropriate application forms to be used
20Personal representative to establish right to act
21Declaration of inventorship in certain cases
22Cognate applications
23Date of divisional application
24Division of applications if not cognate
25Evidence in support of convention applications
26Division of convention application
27Extension of period for filing complete specification
28Request for post-dating an application
29When supplied, drawings to accompany specification
30Drawing paper
31Size of sheets, etc
32Preparation of drawings
33Identification of drawings
34Descriptive matter
35Drawings not to be creased
36Drawings filed with provisional specification
37Order of examination
38Examination may be advanced
39Examination procedure under section 13 of the Act
40Procedure under section 14 of the Act
41Periods in regulation 40 may be extended
42Application for result of search
43Reference to prior specification
44Reference to prior patent
45Reference to applicant includes patentee
46Extension of time under section 19(2) of the Act
47Extension of time under section 20(1) of the Act
48Notice of opposition
49Counterstatement
50Filing of evidence by opponent
51Filing of evidence by applicant
52Closing of evidence
53Supply of documents, etc, for use of Commissioner
54Hearing
55Insertion of reference
56Costs
57Notice to applicant
58Hearing
59Extension of time
60Application under section 23(3) of the Act
61Application under section 23(4) of the Act
62Extension of time
63Application for certificate under section 23(8) of the Act
64Manner of mention of inventor
65Procedure under section 24(1) of the Act
66Procedure under section 24(5) of the Act
67Request for sealing
68Time for sealing under section 27(2) of the Act
69Time for sealing under section 27(3) of the Act
70Time for sealing under section 27(4) of the Act
71Form of patent
72Amendment of patent
73When payable
74Renewal fees may be paid in advance
75Extension of time for payment
76Certificate of payment
77Notice that renewal fee due
78Inventions relating to defence or atomic energy
79Application
80Advertisement of application
81Opposition and evidence
82Hearing
83Unopposed application
84Reference of application to the court
85Application
86Preliminary consideration by Commissioner
87Opposition
88Action on decision in favour of applicant
89Order of Commissioner restoring patent to be subject to provisions
90Application
91Preliminary consideration by Commissioner
92Opposition
93Action on decision in favour of applicant
94Order of Commissioner for sealing patent to be subject to provision
95Application
96Preliminary consideration by Commissioner
97Opposition
98Order of Commissioner restoring application to be subject to provisions
99Application to amend accepted complete specification
100Opposition
101Application to amend unaccepted complete specification
102Application to amend application for patent
103New specification and drawings as amended may be required
104Application for revocation
105Opposition procedure
106Application for surrender
107Form of offer to surrender a patent
108Opposition
109Application under section 44(1) of the Act
110Applications under section 44(2)(a) and (b) of the Act
111Cancellation of endorsement under section 45(1) of the Act
112Cancellation of endorsement under section 45(2) of the Act
113Advertisement and opposition
114Balance of renewal fees payable on cancellation
115Application under section 46 of the Act
116Application under section 49(1) of the Act
117Application under section 50 of the Act
118Evidence
119Preliminary consideration by Commissioner
120Opposition
121Application under section 51 of the Act
122Application under section 64(1) of the Act
123Application under section 64(2) of the Act
124Application under section 65(1) of the Act
125Register to record grant of patents
126Alteration of entries
127Registration of assignments, etc
128Copies of documents
129Public inspection of register, etc
130Payment of renewal fees to be entered
131Entry of claim arising from special provision in order for extension of term of patent
132Application for dispensing with probate or letters of administration
133Application
134Advertisement
135Opposition
136Hearing
137Request for certificate
138Certified copies of entries, etc
139Request for information
140Lost patent
141Form of evidence
142Preparation
143Manner of making declarations, etc
144Recognition of signatures on documents
145Further evidence
146Issue of summons
147Penalty for non-compliance with summons
148Expenses of witness
149Place of hearings
150Service of copy of application on Commissioner
151Action consequent upon court order
152Register of patent attorneys [Revoked]
153Publication of entries [Revoked]
154Qualification for registration [Revoked]
155Examination
156Persons entitled to sit examination
157Entries for examination and appointment of examiners
158Subjects of examination
159Rules for examination
160Requirements for pass
161Renewal of registration [Revoked]
162Amendment of entries in register of patent attorneys [Revoked]
163Evidence [Revoked]
164Particulars of patent applications which may be published
165Signature of documents
166Exercise of discretionary power by Commissioner
167Amendment of documents
168Power of Commissioner to extend times
169Power of Commissioner to waive requirements
170Destruction of records
171Revocations and savings
Gazette Information
Reprint notes