Patents (Advancement Patents) Amendment Bill

  • defeated on 08 August 2018

Dr Parmjeet Parmar

Patents (Advancement Patents) Amendment Bill

Member’s Bill



Explanatory note
3Principal Act
4Section 3 amended (Purposes)
5Section 5 amended (Interpretation)
6New section 7A inserted
7AMeaning of advancement step
7Section 8 amended (Meaning of prior art base)
8New section 14A inserted
14APatentable advancements
9Section 20 amended (Terms of patent)
10New section 20A inserted
20ATerm of provisional advancement patent or advancement patent
11New section 32A inserted
32AApplications for advancement patents and other patents (except additional patents) are convertible
12Section 39 amended (Contents of complete specification)
13New section 63A inserted
14New sections 70A to 70F inserted
70AExamination may be requested or Commissioner may decide to examine
70BExamination of an advancement patent
70CHow and when examination to be carried out
70DCertificate of examination
70ERevocation of certificate of examination
70FRevocation of provisional advancement patents following examination under section 70B
15New section 73A inserted
16New sections 75A and 75B inserted
75AFormalities check of applications for advancement patents
75BGrant and publication of provisional advancement patent
17Cross-heading replaced
18Section 92 amended
19Section 93 amended
20New cross-heading and section 93A inserted
93APerson may object to grant of advancement patent
21New section 94A inserted
22New sections 100A to 100I inserted
100ARe-examination of complete specifications of advancement patents
100BPatentee statements
100CRevocation of advancement patent following re-examination
100DRelevant proceedings and re-examination
100ECopies of report to be given to court
100FOpposition to advancement patent
100GHearing and decision by Commissioner
100HRelevant proceedings and opposition
100IGrant of advancement patent to another person
23New section 142A inserted
142AInfringements can be committed in relation to provisional advancement patent
24Section 243 amended (Regulations)
25New cross-headings and sections 243A to 243D inserted
243AAmount of fees and penalties
243BTime of payment of fees and penalties
243CForm of payment of fees and penalties
243DWhen renewal fees become due
26Consequential amendments to principal Act
27Consequential amendments to other Acts

The Parliament of New Zealand enacts as follows: