Patents Regulations 1954 (SR 1954/211) (as at 03 September 2007)

Patents Regulations 1954

(SR 1954/211)


Note

These regulations are administered in the Department of Justice.


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

Title, commencement, and arrangement

1 

Interpretation

2 

Fees payable according to Schedule 1

3 

Time of payment

4 

Form of payment

5 

Payments by post

6 

Payments from beyond New Zealand

7 

Notice of fees due

8 

Forms prescribed in Schedule 2

9 

Size, etc, of documents

Duplicate documents

11 

Numbering of pages

12 

Agents may act for applicants

13 

Authorization of agent

14 

Revocation of agent's authority

15 

Refusal to recognize agent

16 

Addressing of correspondence

17 

Address for service required in all cases

18 

Appropriate application forms to be used

19 

Personal representative to establish right to act

20 

Declaration of inventorship in certain cases

21 

Cognate applications

22 

Date of divisional application

23 

Division of applications if not cognate

24 

Evidence in support of convention applications

25 

Division of convention application

26 

Extension of period for filing complete specification

27 

Request for post-dating an application

28 

When supplied, drawings to accompany specification

29 

Drawing paper

30 

Size of sheets, etc.

31 

Preparation of drawings

32 

Identification of drawings

33 

Descriptive matter

34 

Drawings not to be creased

35 

Drawings filed with provisional specification

36 

Order of examination

37 

Examination may be advanced

38 

Examination procedure under section 13 of the Act

39 

Procedure under section 14 of the Act

40 

Periods in regulation 40 hereof may be extended

41 

Application for result of search

42 

Reference to prior specification

43 

Reference to prior patent

44 

Reference to applicant includes patentee

45 

Extension of time under section 19(2) of the Act

46 

Extension of time under section 20(1) of the Act

47 

Notice of opposition

48 

Counterstatement

49 

Filing of evidence by opponent

50 

Filing of evidence by applicant

51 

Closing of evidence

52 

Supply of documents, etc, for use of Commissioner

53 

Hearing

54 

Insertion of reference

55 

Costs

56 

Notice to applicant

57 

Hearing

58 

Extension of time

59 

Application under section 23(3) of the Act

60 

Application under section 23(4) of the Act

61 

Extension of time

62 

Application for certificate under section 23(8) of the Act

63 

Manner of mention of inventor

64 

Procedure under section 24(1) of the Act

65 

Procedure under section 24(5) of the Act

66 

Request for sealing

67 

Time for sealing under section 27(2) of the Act

68 

Time for sealing under section 27(3) of the Act

69 

Time for sealing under section 27(4) of the Act

70 

Form of patent

71 

Amendment of patent

72 

When payable

73 

Renewal fees may be paid in advance

74 

Extension of time for payment

75 

Certificate of payment

76 

Notice that renewal fee due

77 

Inventions relating to defence or atomic energy

78 

Application

79 

Advertisement of application

80 

Opposition and evidence

81 

Hearing

82 

Unopposed application

83 

Reference of application to the Court

84 

Application

85 

Preliminary consideration by Commissioner

86 

Opposition

87 

Action on decision in favour of applicant

88 

Order of Commissioner restoring patent to be subject to provisions

89 

Application

90 

Preliminary consideration by Commissioner

91 

Opposition

92 

Action on decision in favour of applicant

93 

Order of Commissioner for sealing patent to be subject to provision

94 

Application

95 

Preliminary consideration by Commissioner

96 

Opposition

97 

Order of Commissioner restoring application to be subject to provisions

98 

Application to amend accepted complete specification

99 

Opposition

100 

Application to amend unaccepted complete specification

101 

Application to amend application for patent

102 

New specification and drawings as amended may be required

103 

Application for revocation

104 

Opposition procedure

105 

Application for surrender

106 

Form of offer to surrender a patent

107 

Opposition

108 

Application under section 44(1) of the Act

109 

Applications under section 44(2)(a) and (b) of the Act

110 

Cancellation of endorsement under section 45(1) of the Act

111 

Cancellation of endorsement under section 45(2) of the Act

112 

Advertisement and opposition

113 

Balance of renewal fees payable on cancellation

114 

Application under section 46 of the Act

115 

Application under section 49(1) of the Act

116 

Application under section 50 of the Act

117 

Evidence

118 

Preliminary consideration by Commissioner

119 

Opposition

120 

Application under section 51 of the Act

121 

Application under section 64(1) of the Act

122 

Application under section 64(2) of the Act

123 

Application under section 65(1) of the Act

124 

Register to record grant of patents

125 

Alteration of entries

126 

Registration of assignments, etc

127 

Copies of documents

128 

Public inspection of register, etc.

Payment of renewal fees to be entered

130 

Entry of claim arising from special provision in order for extension of term of patent

131 

Application for dispensing with probate or letters of administration

132 

Application

133 

Advertisement

134 

Opposition

135 

Hearing

136 

Request for certificate

137 

Certified copies of entries, etc.

138 

Request for information

139 

Lost patent

140 

Form of evidence

141 

Preparation

142 

Manner of making declarations, etc.

143 

Recognition of signatures on documents

144 

Further evidence

145 

Issue of summons

146 

Penalty for non-compliance with summons

147 

Expenses of witness

148 

Place of hearings

149 

Service of copy of application on Commissioner

150 

Action consequent upon Court order

151 

Register of patent attorneys

152 

Publication of entries

153 

Qualification for registration

154 

Examination

155 

Persons entitled to sit examination

156 

Entries for examination and appointment of examiners

Requirements for pass

160 

Renewal of registration

161 

Amendment of entries in register of patent attorneys

162 

Evidence

163 

Particulars of patent applications which may be published

164 

Signature of documents

165 

Exercise of discretionary power by Commissioner

166 

Amendment of documents

167 

Power of Commissioner to extend times

168 

Power of Commissioner to waive requirements

169 

Destruction of records

170 

Revocations and savings

171 

Gazette information