Patent Attorneys Bill

  • discharged on 12 March 2012

Hon Simon Power

Patent Attorneys Bill

Government Bill


As reported from the Commerce Committee




1 Title

2 Commencement

Part 1A
Preliminary provisions

2A Purpose

2B Overview

2C Interpretation

2D Act binds the Crown


Part 5
Patent attorney profession

Subpart 1Restrictions on providing patent attorney services

184 Title of patent attorney

185 Title of patent attorney company

186 Title of patent attorney partnership

187 Only patent attorneys, and patent attorney companies and partnerships, may provide patent attorney services

187 Who may provide patent attorney services

188 False representations

189 Liability of directors and managers if body corporate commits offence

190 Exception for lawyers and incorporated law firms to provide limited patent attorney services

190 Limits on extent of patent attorney services that lawyers may provide

190A Requirements for patent attorneys sharing income with lawyers

191 Period of grace for personal representatives of patent attorneys

191A Right of lien

192 Exception for pre-1955 companies

192A Liability of directors and managers if body corporate commits offence

Subpart 2Registration and certificates

193 Who is qualified to be registered as patent attorney

194 Determining qualification requirements for registration

195 Matters that may be taken into account in determining whether applicant is fit and proper person

196 Registration certificates

197 Failure to pay renewal fee for registration

198 When registration may or must be removed or suspended

199 Effect of suspension

200 Other matters relating to suspension and removal of registration

Subpart 3Standards of conduct and discipline

Code of conduct

201 Patent attorneys and patent attorney companies subject to code of conduct

202 Purpose and contents of code of conduct

203 Institute must develop code of conduct

204 Board may approve draft code of conduct

205 Publication and application of code of conduct

206 Status of code of conduct

207 Amendments and replacements of code of conduct

Disciplining of patent attorneys and patent attorney companies

208 Who is covered by disciplinary regime

209 Complaints and referrals may be made under disciplinary regime

210 Board may direct parties to explore use of alternative dispute resolution for complaints

211 Board’s powers of investigation

212 Offence of obstruction

213 Evidence

214 Issuing of summons by Board

214A Requirements for summons

214B Witnesses’ fees, allowances, and expenses

214C Offence of failing to comply with summons

215 Protection of persons appearing

216 Grounds for discipline of patent attorneys and patent attorney companies

217 Disciplinary penalties

218 Orders for payment of costs

219 Board must notify Commissioner of orders

220 Effect of order to pay money on right to damages

221 Orders enforceable against former patent attorneys

Subpart 4Appeals under this Part

222 Right of appeal

223 Decisions to have effect pending determination of appeal

224 Procedure on appeal

222 Appeals against decisions of Board or Commissioner

225 Court’s decision final

226 Court may refer matter back for reconsideration

227 Orders as to costs

228 Orders as to publication of names or particulars

229 Appeal on question of law

Subpart 5Register of patent attorneys

230 Commissioner to establish and maintain register of patent attorneys

231 Purpose of register of patent attorneys

232 Form of register of patent attorneys

233 Contents of register of patent attorneys

234 Search of register of patent attorneys

235 Obligation to notify Commissioner of changes to details in register of patent attorneys

236 Changes to register of patent attorneys

Subpart 6Patent Attorneys’ Standards Board

237 Patent Attorneys’ Standards Board of New Zealand

238 Functions of Board

239 Membership of Board

240 Further provisions relating to Board and its members

Part 5A
Administrative and miscellaneous provisions


240A Functions of Commissioner under this Act

240B Provisions of Patents Act 2008 also applicable to Commissioner under this Act


240C Regulations

240D Supplementary empowering provision

240E Fees and other money payable under this Act

Repeals and amendments

240F Repeal of patent attorney provisions of Patents Act 1953 and consequential revocations

240G Consequential amendments to other enactments

Transitional provisions

240H Outline of transitional provisions for patent attorneys

240I Transitional provision for patent attorneys registered under Patents Act 1953

240J Transitional provision for applicants for registration

240K Transitional provision for lawyers

240L Transitional provision for register of patent attorneys


Schedule 1
Further provisions applying to Board and its members

Schedule 1A
Consequential amendments


Legislative history

The Parliament of New Zealand enacts as follows: