Patents Regulations 1954

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Reprint as at 13 February 2020

Patents Regulations 1954

(SR 1954/211)

C W M Norrie, Governor-General

Order in Council

At the Government Buildings at Wellington this 7th day of December 1954

Present:
The Right Hon S G Holland presiding in Council

Note

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.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

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.

	Part 1 Preliminary
1	Title, commencement, and arrangement
2	Interpretation
2A	Application of these regulations for transitional purposes
	Part 2 Fees
3	Fees payable according to Schedule 1
4	Time of payment
5	Form of payment
6	Payments by post
7	Payments from beyond New Zealand
8	Notice of fees due
	Part 3 Forms and documents
9	Forms prescribed in Schedule 2
10	Form and size of documents
11	Duplicate documents
12	Numbering of pages
	Part 4 Agency and correspondence
13	Agents may act for applicants
14	Authorization of agent
15	Revocation of agent’s authority
16	Refusal to recognize agent
17	Addressing of correspondence
18	Address for service required in all cases
	Part 5 Applications for patents, and specifications
19	Appropriate application forms to be used
20	Personal representative to establish right to act
21	Declaration of inventorship in certain cases
22	Cognate applications
23	Date of divisional application
24	Division of applications if not cognate
25	Evidence in support of convention applications
26	Division of convention application
27	Extension of period for filing complete specification
28	Request for post-dating an application
	Part 6 Drawings
29	When supplied, drawings to accompany specification
30	Drawing paper
31	Size of sheets, etc
32	Preparation of drawings
33	Identification of drawings
34	Descriptive matter
35	Drawings not to be creased
36	Drawings filed with provisional specification
	Part 7 Examination of applications
37	Order of examination
38	Examination may be advanced
39	Examination procedure under section 13 of the Act
40	Procedure under section 14 of the Act
41	Periods in regulation 40 may be extended
42	Application for result of search
43	Reference to prior specification
44	Reference to prior patent
45	Reference to applicant includes patentee
	Part 8 Putting applications in order and acceptance of complete specifications
46	Extension of time under section 19(2) of the Act
47	Extension of time under section 20(1) of the Act
	Part 9 Opposition to grant of patent
48	Notice of opposition
49	Counterstatement
50	Filing of evidence by opponent
51	Filing of evidence by applicant
52	Closing of evidence
53	Supply of documents, etc, for use of Commissioner
54	Hearing
55	Insertion of reference
56	Costs
	Part 10 Refusal of patent without opposition
57	Notice to applicant
58	Hearing
59	Extension of time
	Part 11 Mention of inventor as such
60	Application under section 23(3) of the Act
61	Application under section 23(4) of the Act
62	Extension of time
63	Application for certificate under section 23(8) of the Act
64	Manner of mention of inventor
	Part 12 Substitution of applicants, etc
65	Procedure under section 24(1) of the Act
66	Procedure under section 24(5) of the Act
	Part 13 Sealing and form of patent
67	Request for sealing
68	Time for sealing under section 27(2) of the Act
69	Time for sealing under section 27(3) of the Act
70	Time for sealing under section 27(4) of the Act
71	Form of patent
72	Amendment of patent
	Part 14 Renewal fees
73	When payable
74	Renewal fees may be paid in advance
75	Extension of time for payment
76	Certificate of payment
77	Notice that renewal fee due
78	Inventions relating to defence or atomic energy
	Part 15 Extension of term of patent
79	Application
80	Advertisement of application
81	Opposition and evidence
82	Hearing
83	Unopposed application
84	Reference of application to the court
	Part 16 Restoration of lapsed patents
85	Application
86	Preliminary consideration by Commissioner
87	Opposition
88	Action on decision in favour of applicant
89	Order of Commissioner restoring patent to be subject to provisions
	Part 17 Restoration of lapsed applications for patents where patent not sealed
90	Application
91	Preliminary consideration by Commissioner
92	Opposition
93	Action on decision in favour of applicant
94	Order of Commissioner for sealing patent to be subject to provision
	Part 18 Restoration of application where complete specification not accepted
95	Application
96	Preliminary consideration by Commissioner
97	Opposition
98	Order of Commissioner restoring application to be subject to provisions
	Part 19 Amendment of specification or application for patent
99	Application to amend accepted complete specification
100	Opposition
101	Application to amend unaccepted complete specification
102	Application to amend application for patent
103	New specification and drawings as amended may be required
	Part 20 Revocation and surrender of patent
104	Application for revocation
105	Opposition procedure
106	Application for surrender
107	Form of offer to surrender a patent
108	Opposition
	Part 21 Voluntary endorsement of patents licences of right
109	Application under section 44(1) of the Act
110	Applications under section 44(2)(a) and (b) of the Act
111	Cancellation of endorsement under section 45(1) of the Act
112	Cancellation of endorsement under section 45(2) of the Act
113	Advertisement and opposition
114	Balance of renewal fees payable on cancellation
	Part 22 Compulsory licence, compulsory endorsement of patent licences of right, and revocation
115	Application under section 46 of the Act
116	Application under section 49(1) of the Act
117	Application under section 50 of the Act
118	Evidence
119	Preliminary consideration by Commissioner
120	Opposition
121	Application under section 51 of the Act
	Part 23 Directions to co-owners
122	Application under section 64(1) of the Act
123	Application under section 64(2) of the Act
	Part 24 Disputes as to inventions made by employees
124	Application under section 65(1) of the Act
	Part 25 Register of patents
125	Register to record grant of patents
126	Alteration of entries
127	Registration of assignments, etc
128	Copies of documents
129	Public inspection of register, etc
130	Payment of renewal fees to be entered
131	Entry of claim arising from special provision in order for extension of term of patent
132	Application for dispensing with probate or letters of administration
	Part 26 Correction of errors
133	Application
134	Advertisement
135	Opposition
136	Hearing
	Part 27 Certificates and information
137	Request for certificate
138	Certified copies of entries, etc
139	Request for information
140	Lost patent
	Part 28 Evidence and attendance of witnesses before Commissioner
141	Form of evidence
142	Preparation
143	Manner of making declarations, etc
144	Recognition of signatures on documents
145	Further evidence
146	Issue of summons
147	Penalty for non-compliance with summons
148	Expenses of witness
149	Place of hearings
	Part 29 Applications to and orders of court
150	Service of copy of application on Commissioner
151	Action consequent upon court order
	Part 30 Patent attorneys
152	Register of patent attorneys [Revoked]
153	Publication of entries [Revoked]
154	Qualification for registration [Revoked]
155	Examination
156	Persons entitled to sit examination
157	Entries for examination and appointment of examiners
158	Subjects of examination
159	Rules for examination
160	Requirements for pass
161	Renewal of registration [Revoked]
162	Amendment of entries in register of patent attorneys [Revoked]
163	Evidence [Revoked]
	Part 31 Miscellaneous provisions
164	Particulars of patent applications which may be published
165	Signature of documents
166	Exercise of discretionary power by Commissioner
167	Amendment of documents
168	Power of Commissioner to extend times
169	Power of Commissioner to waive requirements
170	Destruction of records
	Part 32 Revocations and savings
171	Revocations and savings
	Schedule 1 Fees
	Schedule 2 Forms
	Schedule 3 Forms of patent and patent of addition
	Schedule 4 Renewal fees payable
	Schedule 5 Regulations revoked
	Gazette Information
	Reprint notes

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Patents Regulations 1954

Patents Regulations 1954

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