Patents Bill

  • not the latest version

Hon Judith Tizard

Patents Bill

Government Bill



Purposes and overview


Act binds the Crown

General rules concerning what is patentable

Exclusions from patentability

Who may be granted patent

Power of patentee to deal with patent

Co-owners of patent

Disputes as to inventions made by employees

Time for putting application in order for acceptance



Assertions by third parties within prescribed period

Re-examination after acceptance

General rules

Patents of addition

Restoration of lapsed patents

Restoration of patent applications

Substitution of applicants

Provisions for secrecy of certain inventions

What constitutes infringement

What does not constitute infringement

Counterclaim for revocation of patent

Bringing infringement proceedings in court

Relief for infringement

Notice and registration requirements for proceedings on interests in patents

Standing for Attorney-General

Registration of assignments, licences, and other interests in patents

Vesting of patents and patent applications without probate or letters of administration

Termination of sales, leases, and licences of patented products and processes if patent no longer in force

Code of conduct

Disciplining of patent attorneys and patent attorney companies

Patents register

Searches of patents register and obtaining patent information

Changes to patents register and other official documents


Journal and other publications

Giving evidence to Commissioner

Power to award costs

Appeals of Commissioner’s decisions

Costs of Commissioner

Commissioner and Assistant Commissioners

Intellectual Property Office of New Zealand

Māori advisory committee

Power to extend time limits

Serving notices

Requirements for summons

Fees and other money paid under Act


Transitional provisions for patents and patent applications

Transitional provisions for other applications, notices, and requests

Transitional provision for matters in force on commencement

Transitional provision for patents register and register of patent attorneys

Transitional provisions for existing offences and infringements

Transitional provisions for patent attorneys

Transitional provisions for Commissioner and Assistant Commissioners

The Parliament of New Zealand enacts as follows: