Patents Act 1953

Before its repeal, this Act was administered by: Ministry of Business, Innovation, and Employment
  • repealed
  • Patents Act 1953: repealed, on 24 February 2017, by section 7(1) of the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 (2016 No 89).

Reprint as at 24 February 2017

Coat of Arms of New Zealand

Patents Act 1953

Public Act
1953 No 64
Date of assent
26 November 1953
see section 1(2)

Patents Act 1953: repealed, on 24 February 2017, by section 7(1) of the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 (2016 No 89).


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.

This Act is administered by the Ministry of Business, Innovation, and Employment.


1Short Title and commencement
2AAct preserved for patent attorney provisions
3Commissioner of Patents [Repealed]
4Assistant Commissioners of Patents and other officers [Repealed]
5Patent Office [Repealed]
5AClosing of Patent Office at short notice [Repealed]
6Officers and employees of Patent Office not to acquire interest in any patent or prepare specifications [Repealed]
7Persons entitled to make application [Repealed]
8Application [Repealed]
9Complete and provisional specifications [Repealed]
10Contents of specification [Repealed]
11Priority date of claims of complete specification [Repealed]
12Examination of application [Repealed]
13Search for anticipation by previous publication [Repealed]
14Search for anticipation by prior claim [Repealed]
15Commissioner may require information as to corresponding applications overseas [Repealed]
16Reference in case of potential infringement [Repealed]
17Refusal of application in certain cases [Repealed]
18Supplementary provisions as to examination, etc [Repealed]
19Time for putting application in order for acceptance [Repealed]
20Acceptance and publication of complete specification [Repealed]
21Opposition to grant of patent [Repealed]
22Refusal of patent without opposition [Repealed]
23Mention of inventor as such in patent [Repealed]
24Substitution of applicants, etc [Repealed]
25Provisions for secrecy of certain inventions [Repealed]
26Inventions relating to atomic energy [Repealed]
26ATreaty application deemed to be application accompanied by complete specification [Repealed]
26BDescription, claims, and drawings [Repealed]
26CInternational filing date [Repealed]
26DCommissioner to provide international filing date [Repealed]
26EAmendments to documents forming part of complete specification [Repealed]
26FTreaty application void [Repealed]
26GRequirements for examination of Treaty application [Repealed]
26HPublication of Treaty applications [Repealed]
27Grant and sealing of patent [Repealed]
28Amendment of patent granted to deceased applicant [Repealed]
29Extent, effect, and form of patent [Repealed]
30Date and term of patent [Repealed]
31Extension on ground of inadequate remuneration [Repealed]
32Extension on ground of war loss [Repealed]
33Extension on ground of war loss of licensee [Repealed]
34Patents of addition [Repealed]
35Restoration of lapsed patents [Repealed]
36Restoration of applications where patent not sealed [Repealed]
37Restoration of application where complete specification not accepted [Repealed]
38Amendment of specification with leave of Commissioner [Repealed]
39Amendment of specification with leave of court [Repealed]
40Supplementary provisions as to amendment of specification [Repealed]
41Revocation of patent by court [Repealed]
42Revocation of patent by Commissioner [Repealed]
43Surrender of patent [Repealed]
44Endorsement of patent “licences of right” [Repealed]
45Cancellation of endorsement under section 44 [Repealed]
46Compulsory licence [Repealed]
47Provisions as to licences under section 46 [Repealed]
48Exercise of powers on applications under section 46 [Repealed]
49Endorsement, etc, on application of Crown [Repealed]
50Revocation of patent [Repealed]
51Inventions relating to food or medicine, etc [Repealed]
52Procedure on application under sections 46 to 50 [Repealed]
53Appeal and references to arbitrator [Repealed]
54Supplementary provisions [Repealed]
55Use of patented inventions for services of the Crown [Repealed]
56Rights of third parties in respect of Crown use [Repealed]
57Reference of disputes as to Crown use [Repealed]
58Special provisions as to Crown use during emergency [Repealed]
58ANature and scope of rights under section 55 [Repealed]
58BDuty to inform owner [Repealed]
58CPatentee entitled to remuneration [Repealed]
59Previous publication [Repealed]
60Previous communication, display, or working [Repealed]
61Use and publication after provisional specification or foreign application [Repealed]
62Priority date in case of obtaining [Repealed]
63Co-ownership of patents [Repealed]
64Power of Commissioner to give directions to co-owners [Repealed]
65Disputes as to inventions made by employees [Repealed]
66Avoidance of certain restrictive conditions [Repealed]
67Determination of certain contracts [Repealed]
68Restrictions on recovery of damages for infringement [Repealed]
68ABurden of proof for infringement of process patent [Repealed]
68BRegulatory review exception [Repealed]
69Order for account in action for infringement [Repealed]
70Counterclaim for revocation in action for infringement [Repealed]
71Relief for infringement of partially valid specification [Repealed]
72Proceedings for infringement by exclusive licensee [Repealed]
73Certificate of contested validity of specification [Repealed]
74Remedy for groundless threats of infringement proceedings [Repealed]
75Power of court to make declaration as to non-infringement [Repealed]
76Attorney-General may appear in patent proceedings [Repealed]
77Orders in Council as to convention countries [Repealed]
78Supplementary provisions as to convention applications [Repealed]
79Special provisions as to vessels, aircraft, and land vehicles [Repealed]
80Extension of time for certain convention applications [Repealed]
81Protection of inventions communicated under international agreements [Repealed]
82Regulations under section 80 or section 81 [Repealed]
83Register of patents [Repealed]
84Registration of assignments, etc [Repealed]
85Limitation of proceedings [Repealed]
85AApplication of Personal Property Securities Act 1999 [Repealed]
86Commissioner may dispense with production of probate or letters of administration in certain cases [Repealed]
87Rectification of register of patents by court [Repealed]
88Correction of errors [Repealed]
89Evidence of entries, documents, etc
90Requests for information as to patent or patent application [Repealed]
91Restriction upon publication of specifications, etc [Repealed]
92Loss or destruction of patent [Repealed]
93Commissioner may grant extension of time [Repealed]
93AAdditional provisions for extending time limits [Repealed]
94Exercise of discretionary powers of Commissioner [Repealed]
95Costs and security for costs [Repealed]
96Evidence before Commissioner [Repealed]
97Appeals to High Court [Repealed]
98Appeals to Court of Appeal [Repealed]
99Costs of Commissioner in proceedings before court [Repealed]
100Registration of patent attorneys
101Powers of patent attorneys
102Cancellation of registration of patent attorneys
103Restrictions on practice as patent attorney
104Recovery of patent attorney’s charges
105Falsification of register, etc
106Unauthorised claim of patent rights [Repealed]
107Protection of Royal Arms, etc [Repealed]
108Offences by companies
109Certain offences may be dealt with summarily [Repealed]
110Service of notices, etc, by post
111Declaration by person under disability [Repealed]
112Journal, indexes, etc [Repealed]
113Rules of court [Repealed]
116Annual report of Commissioner [Repealed]
117Saving for Royal prerogative, etc [Repealed]
118Application of Act to Tokelau [Repealed]
119Repeals and savings [Repealed]
Reprint notes

An Act to consolidate and amend certain enactments relating to patents