These regulations may be cited as the Patents Regulations 1954.

These regulations shall come into force immediately after the commencement of the Patents Act 1953.

This subclause contained the table of contents.

In these regulations, unless the context otherwise requires,—

These regulations continue to apply on and after 13 September 2014 only as provided in subpart 6 of Part 5 of the Patents Act 2013.

Part 30 continues to apply as if the Patents Regulations 2014 had not been made.

The fees to be paid in respect of the grant of patents and applications therefor and in respect of other matters relating to patents arising under the Act and these regulations shall be those prescribed in Schedule 1.

The fees prescribed by these regulations are exclusive of goods and services tax.

Fees and charges payable to the Patent Office shall be paid at the time of making an application or request or upon giving notice or filing any instrument in respect of which a fee or charge is payable under these regulations.

All fees shall be paid in cash at the Patent Office. The Commissioner may, however, accept payments made in any other form, but in such case he may delay or cancel the credit until collection is made.

Money sent by mail to the Patent Office shall be at the risk of the sender.

Remittances from beyond New Zealand shall be payable and immediately negotiable in New Zealand for the full amount of the prescribed fee.

The Commissioner may give notice of any fee due or becoming due, but no liability shall be incurred by him if he fails to do so, or if for any reason the notice, if given, is incorrect in any particular or fails to reach the person for whom it is intended.

The forms set out in Schedule 2 shall be used in all cases to which they are applicable, and may be modified as directed by the Commissioner.

All documents and copies of documents (except drawings) filed at the Patent Office shall, unless the Commissioner otherwise directs, be typewritten, lithographed, or printed, in the English language—

Duplicate documents, other than drawings, required under these regulations may be carbon copies of the original documents:

The pages of complete specifications shall be numbered consecutively; and the applicant shall, when requested so to do by the Commissioner, supply fresh copies of any amended page or pages specified by him, and shall, if necessary, renumber the pages of the specification.

Any application, request, or notice which is required or permitted by the Act or these regulations to be made or given to the Commissioner, and all other communications between an applicant or a person making a request or giving a notice and the Commissioner, and between the patentee and the Commissioner or any other person, may be signed, made, or given by or through an agent:

Any applicant, person making a request or giving notice, or patentee, may appoint an agent to act for him in any proceedings or matter before or affecting the Commissioner under the Act or these regulations by signing and sending to the Commissioner an authority to that effect in such written form as the Commissioner may deem sufficient. In the case of any such appointment, service upon the agent of any document relating to the proceeding or matter shall be deemed to be service upon the person so appointing him, all communications directed to be made to the person in respect of the proceeding or matter may be addressed to the agent, and all attendances upon the Commissioner relating thereto may be made by or through the agent.

An authorization of an agent may be revoked at any stage in the proceedings, and an agent may withdraw, on giving notice to the Commissioner; and when any such authorization is so revoked, or the agent has withdrawn, the Patent Office shall communicate directly with the applicant or with such other agent as he may appoint. The Commissioner shall notify an agent of the revocation of his authority or the applicant of the withdrawal of his agent.

The Commissioner shall refuse to recognize as agent in respect of any proceedings under the Act a person who neither resides nor carries on business in New Zealand.

All letters and other communications relating to matters arising under the Act or these regulations and intended for the Patent Office shall be addressed to the Commissioner of Patents, Wellington C 1. When appropriate, a letter may be marked for the attention of a particular officer.

Every person concerned in any proceedings to which these regulations relate and every patentee shall furnish to the Commissioner an address for service in New Zealand, and that address may be treated for all purposes connected with the proceedings or patent as the address of the person concerned in the proceedings or of the patentee.

An application, other than a convention application, shall be made in form 1.

A convention application shall be made in form 2.

An application for the grant of a patent of addition instead of an independent patent shall be made in form 3.

Every application (other than a convention application) shall be accompanied by either a provisional specification in duplicate in form 4 or a complete specification in duplicate in form 5; and every convention application shall be accompanied by a complete specification in duplicate in form 5.

In the case of an application, other than a convention application, by the personal representative of a deceased person or the assignee of the personal representative of a deceased person who, in either case, was entitled to make such an application, the probate of the will of the deceased, or the letters of administration of his estate, or an official copy of the probate or letters of administration, shall be produced at the Patent Office in proof of the personal representative’s right to act:

In the case of a convention application, and in the case of an application accompanied by a provisional specification, a declaration in form 6 as to the inventorship of the invention disclosed in the complete specification shall be filed with the complete specification or subsequently at any time before the expiration of the period allowed by or under section 19 of the Act for putting the application in order.

On request by the applicant, the Commissioner may if he thinks fit dispense with the declaration.

Where, in pursuance of section 9(3) of the Act, the Commissioner allows a single complete specification to be proceeded with in respect of 2 or more applications in respect of which 2 or more complete specifications have been filed, the single complete specification may include any matter disclosed in any of the said specifications and shall be deemed to have been filed on such date, not earlier than the earliest date on which all the matter disclosed in the said single complete specification has been disclosed to the Patent Office in or in connection with the applications, as the Commissioner may direct.

Where an applicant has made an application for a patent, and, before the acceptance of the complete specification, makes a fresh application for a patent for matter included in the first mentioned application or in any specification filed in pursuance thereof, the Commissioner may direct that the fresh application or any specification filed in pursuance thereof shall be antedated to a date not earlier than the date of filing of the first mentioned application or specification if the applicant includes in the fresh application a request to that effect.

The Commissioner may require such amendment of the complete specification filed in pursuance of either of the said applications as may be necessary to ensure that neither of the said complete specifications includes a claim for matter claimed in the other.

Where a complete specification has been filed pursuant to 2 or more applications accompanied by provisional specifications for inventions which the applicant believes to be cognate or modifications one of another and the Commissioner is of opinion that such inventions are not cognate or modifications one of another, the Commissioner may allow the complete specification to be divided into such number of complete specifications as may be necessary to enable the applications to be proceeded with as 2 or more separate applications for patents.

In addition to the specification filed with every convention application, there shall be filed with the application, or within 3 months thereafter, a copy of the specification and drawings or documents filed in respect of the relevant application for protection in a convention country or of each such application, duly certified by the official chief or head of the Patent Office of the convention country, or otherwise verified to the satisfaction of the Commissioner.

If any specification or other document relating to the application is in a foreign language, it shall be accompanied by a translation thereof into the English language verified by statutory declaration or otherwise to the satisfaction of the Commissioner.

Where a single convention application has been made in respect of all or part of the inventions in respect of which 2 or more applications for protection have been made in 1 or more convention countries, and the Examiner reports that the claims of the specification filed with the said convention application relate to more than 1 invention, the Commissioner may allow 1 or more further applications to be filed and the specification to be divided into such number of specifications as may be necessary to enable 2 or more separate convention applications to be proceeded with, and may direct that the said applications be deemed to have been filed on the date of filing of the original application.

A request for an extension of time for filing a complete specification up to a period not exceeding 15 months from the date of filing of the application shall be made in form 7.

Where an applicant for a patent desires that his application shall be post-dated in pursuance of the provisions of section 12(3) of the Act, he shall make a request in form 8.

Drawings, when supplied, shall accompany the provisional or complete specification to which they refer, except in the case provided for by regulation 36. A true copy of the original drawings shall be filed at the same time as the original drawings.

Drawings shall be made on pure white tough drawing paper, not thinner than 40 sheets to the centimetre, of smooth surface and good quality, and without colour or washes.

Mounted drawings may not be used.

Drawings shall be on sheets of approximately A4 international size, and a clear margin of at least 1.5 cm shall be left at the edges of the sheet.

An exceptionally large figure may be continued on subsequent sheets.

No more sheets shall be employed than are necessary.

The figures shall be numbered consecutively without regard to the number of sheets, and shall as far as possible be arranged in numerical order, separated by a sufficient space to keep them distinct.

Where figures on a number of sheets form in effect a single complete figure, they shall be so arranged that the complete figure can be assembled without concealing any part of another figure.

Drawings shall be prepared in accordance with the following requirements:

Drawings shall bear in the right hand bottom corner particulars sufficient to identify the applicant and the signature of the applicant or his agent.

The title of the invention shall not appear on the drawings.

No descriptive matter shall appear on constructional drawings, but drawings in the nature of flow sheets may bear descriptive matter to show the materials used and the chemical or other reactions or treatments effected in carrying out the invention.

Drawings showing a number of instruments or units of apparatus and their interconnections, either mechanical or electrical, where each such instrument or unit is shown only symbolically, may bear such descriptive matter as is necessary to identify the instruments or units or their interconnections.

Such descriptive matter shall be in absolutely black ink, and the letters shall not be less than 0.4 cm in height.

No drawing or sketch, other than a graphic chemical formula or a mathematical formula, symbol, or equation, shall appear in the verbal part of the specification, and if such a formula, symbol, or equation is used therein a copy thereof, prepared in the same manner as drawings, shall be furnished if the Commissioner so directs.

Drawings shall be delivered at the Patent Office free from folds, breaks, or creases which would render them unsuitable for reproduction by photography.

If an applicant desires to adopt the drawings filed with his provisional specification as the drawings or part of the drawings for his complete specification, he shall refer to them in the complete specification as those filed with the provisional specification.

Applications with their specification or specifications shall be referred by the Commissioner to an examiner in the order in which the complete specifications are filed and, except as otherwise provided in these regulations, shall be taken up by the examiner for examination and investigation in that order.

An application and its specification or specifications may be advanced out of turn for examination and investigation at the direction of the Commissioner—

When the examiner, in making the investigation under section 13 of the Act, reports that the invention so far as claimed in any claim of the complete specification has been published in any specification or other document falling within subsection (1) or subsection (2) of that section, the applicant shall be so informed and shall be afforded an opportunity of amending his specification.

If the examiner finds that substantially the whole of the invention claimed has been published in 1 or more such specifications or documents he may, without continuing the investigation, make a provisional report to that effect.

If the applicant replies to the examiner’s objections or amends his specification and the examiner is not satisfied either that the invention so far as claimed in any claim has not been published in any specification or other document cited by the examiner or that the priority date of the claim is not later than the date on which the relevant document was published, the applicant shall be given an opportunity to be heard in the matter if he so requests.

Whether or not the applicant has replied or amended his specification, the Commissioner may appoint a hearing if he considers it desirable to do so, having regard to the time remaining for putting the application in order or other circumstances of the case.

When a hearing is appointed, the applicant shall be given not less than 10 days’ notice of the appointment, unless in the opinion of the Commissioner a shorter notice is reasonable, and the applicant shall as soon as possible notify the Commissioner whether he will attend the hearing.

After hearing the applicant, or without a hearing if the applicant has not attended or has notified that he does not desire to be heard, the Commissioner may prescribe or permit such amendment of the specification as will be to his satisfaction, and may refuse to accept the specification unless the amendment is made within such period as he may fix.

When the examiner reports that the invention so far as claimed in any claim of the complete specification is claimed in any claim of any other complete specification falling within subsection (1) or subsection (3) of section 14 of the Act, the applicant shall be so informed and shall be afforded an opportunity of amending, or submitting amendments of, his specification.

If, when the applicant’s specification is otherwise in order for acceptance, an objection under section 14 of the Act is outstanding, the Commissioner may accept the specification and fix a period (being not less than 2 months from the date of its publication) for removing the objection.

If an objection under section 14 of the Act is communicated to the applicant after acceptance of the specification, the Commissioner shall fix a period (being not less than 2 months from the date of the communication) for removing the objection.

If the applicant so requests at any time, or if the examiner is not satisfied that the objection has been met within the period prescribed by this regulation, including any extension thereof which the Commissioner may allow, a time for hearing the applicant shall be appointed and the applicant shall be given not less than 10 days’ notice of the appointment and shall as soon as possible notify the Commissioner whether he will attend the hearing.

After hearing the applicant, or without a hearing if the applicant has not attended or has notified that he does not desire to be heard, the Commissioner may prescribe or permit such amendment of the specification as will be to his satisfaction and may direct that a reference to such other specification as he shall mention shall be inserted in the applicant’s specification unless the amendment is made or agreed to within such period as he may fix.

The periods mentioned in regulation 40 may be extended if a request for such extension is made in form 10 at any time within the extended period specified in the request:

An application under the proviso to section 91(2) of the Act for disclosure of the result of a search made under sections 13 and 14 of the Act or of information furnished under section 15(b)(i) of the Act shall be made in form 11.

When, in pursuance of regulation 40(5), the Commissioner directs that reference to another specification shall be inserted in the applicant’s complete specification, the reference shall be inserted after the claims and shall be in the following form:

“

Reference has been directed, in pursuance of section 14 of the Patents Act 1953, to specification No [specify]”.

When in making the investigations under sections 13 and 14 of the Act it appears to the examiner that the applicant’s invention cannot be performed without substantial risk of infringement of a claim of another patent, the applicant shall be so informed and the procedure provided in regulations 40 and 41 shall apply.

When, pursuant to that procedure, the Commissioner directs that reference to a patent shall be inserted in the applicant’s complete specification, the reference shall be inserted after the claims and shall be in the following form:

“

Reference has been directed, in pursuance of section 16(1) of the Patents Act 1953, to patent No [specify]”.

An application under subsection (2) of section 16 of the Act for the deletion of a reference inserted pursuant to a direction under subsection (1) of that section shall be made in form 12, and shall state fully the facts relied upon in support of the application.

In the application of regulations 40, 43, and 44 to proceedings subsequent to the grant of the patent, references to the patentee shall be substituted for references to the applicant.

A notice under subsection (2) of section 19 of the Act requesting an extension of the period allowable under subsection (1) of that section for putting an application in order shall be given in form 13.

A notice under the proviso to section 20(1) of the Act requesting postponement of the acceptance of a complete specification to a date later than 15 months from its date of filing shall be given in form 14.

A notice of opposition to the grant of a patent—

A copy of the notice and of the statement shall be sent by the Commissioner to the applicant.

An application under the proviso to section 21(2) of the Act for an extension of the period for filing a notice of opposition shall be in form 16.

If the applicant desires to proceed with his application he shall, within 2 months of the receipt by him of the copies specified in regulation 48, file a counterstatement setting out fully the grounds upon which the opposition is contested and deliver to the opponent a copy thereof. If the applicant does not file a counterstatement within the time allowed, he shall be deemed to have abandoned his application.

The opponent may within 2 months from the receipt of the copy of the counterstatement file evidence in support of his case and shall deliver to the applicant a copy of the evidence.

Within 2 months from the receipt of the copy of the opponent’s evidence or, if the opponent does not file any evidence, within 2 months from the expiration of the time within which the opponent’s evidence might have been filed, the applicant may file evidence in support of his case and shall deliver to the opponent a copy of the evidence; and within 2 months from the receipt of the copy of the applicant’s evidence the opponent may file evidence confined to matters strictly in reply and shall deliver to the applicant a copy of the evidence.

No further evidence shall be filed by either party except by leave or direction of the Commissioner.

Copies of all documents, other than New Zealand specifications, referred to in the notice of opposition or in any statement or evidence filed in connection with the opposition, authenticated to the satisfaction of the Commissioner, shall be furnished (in duplicate) for the Commissioner’s use, unless he otherwise directs.

Where a specification or other document in a foreign language is referred to, a translation thereof, verified by statutory declaration or otherwise to the satisfaction of the Commissioner, and 2 copies of the translation, shall also be furnished.

On completion of the evidence (if any), or if any party has not complied with the provisions of regulations 49 to 51 at such other time (whether before or after the evidence has been filed) as the Commissioner thinks fit, the Commissioner shall appoint a time for the hearing of the case, and shall give the parties not less than 14 days’ notice of the appointment.

If either party desires to be heard, he shall notify the Commissioner in form 17, and the Commissioner may refuse to hear either party who has not filed notice in the said form prior to the time of the hearing.

If either party intends to refer at the hearing to any publication not already mentioned in the proceedings, he shall give to the other party and to the Commissioner not less than 10 days’ notice of his intention, together with details of each publication to which he intends to refer.

After hearing the party or parties desiring to be heard or, if neither party desires to be heard, then without a hearing, the Commissioner shall decide the case and notify his decision to the parties.

If in consequence of the proceedings the Commissioner directs that a reference to another patent shall be inserted in the applicant’s specification under section 16(1) of the Act, the reference shall be as prescribed by regulation 44(2).

If the applicant notifies the Commissioner that he does not desire to proceed with the application, the Commissioner (in deciding whether costs should be awarded to the opponent) shall consider whether proceedings might have been avoided if the opponent had given reasonable notice to the applicant before the opposition was filed.

If at any time after the acceptance of a complete specification and before the grant of the patent it comes to the notice of the Commissioner, otherwise than in consequence of proceedings in opposition to the grant, that the invention so far as claimed in any claim of the complete specification has been published in any specification or other document falling within section 22(1) of the Act, the applicant shall be so informed and shall be allowed a period of 2 months within which to submit such amendment of his specification as will be to the Commissioner’s satisfaction.

If the specification has not been amended to the Commissioner’s satisfaction within the period allowed under regulation 57 including any extension thereof which the Commissioner may allow, a time for hearing the applicant shall be appointed, and the applicant shall be given at least 10 days’ notice of the appointment, and shall as soon as possible notify the Commissioner whether he will attend the hearing.

After hearing the applicant, or without a hearing if the applicant has not attended or has notified that he does not desire to be heard, the Commissioner may prescribe or permit such amendment of the specification as will be to his satisfaction and may refuse to grant a patent unless the amendment is made or agreed to within such period as he may fix.

The periods mentioned in regulations 57 and 58 may be extended if a request for such extension is made in form 10 at any time within the extended period specified in the request:

A request by the applicant for a patent, or, if the actual deviser of the invention or of a substantial part thereof is not the applicant or one of the applicants, by the applicant and the said deviser, under section 23(3) of the Act shall be made in form 18 and shall be accompanied by a statement setting out fully the facts relied upon.

A claim under section 23(4) of the Act shall be made in form 19, and shall be accompanied by a statement setting out fully the facts relied upon.

A copy of the claim and of the statement shall be sent by the Commissioner to every applicant for the patent (not being the claimant) and to any other person whom the Commissioner may consider to be interested; and the claimant shall supply a sufficient number of copies for that purpose.

The Commissioner may give such directions (if any) as he may think fit with regard to the subsequent procedure.

An application under section 23(5) of the Act for an extension of the period for making a request or claim shall be made in form 20.

An application under section 23(8) of the Act for a certificate shall be made in form 21, and shall be accompanied by a statement setting out fully the facts relied upon.

A copy of the application and of the statement shall be sent by the Commissioner to each patentee (not being the applicant), to the person mentioned as the actual deviser, and to any other person whom the Commissioner may consider to be interested, and the applicant shall supply a sufficient number of copies for that purpose.

The Commissioner may give such direction (if any) as he may think fit with regard to the subsequent procedure.

Any mention of an actual deviser as inventor under section 23(1) of the Act may be made in the patent after the name of the Commissioner, and on the complete specification at the head of form 5, and may be in the form “The inventor of this invention in the sense of being the actual deviser thereof within the meaning of section 23 of the Patents Act 1953 is [specify], of [specify]”, or “The inventor of a substantial part of this invention in the sense of being the actual deviser thereof within the meaning of section 23 of the Patents Act 1953 is [specify], of [specify]”, as the case may require.

A claim under section 24(1) of the Act that an application for a patent shall proceed in the name of the claimant or in the names of the claimant and the applicant or the other joint applicant or applicants shall be made in form 22, and shall be accompanied by a certified copy of any assignment or agreement upon which the claim is based.

The original assignment or agreement shall also be produced for the Commissioner’s inspection, and the Commissioner may call for such other proof of title or written consent as he may require.

An application under section 24(5) of the Act by a joint applicant for the directions of the Commissioner as to the names or manner in which an application for a patent shall be proceeded with shall be made in form 23, and shall be accompanied by a statement setting out fully the facts upon which the applicant relies and the directions which he seeks.

A copy of the application and statement shall be sent by the Commissioner to each other joint applicant; and the person making the application under section 24(5) of the Act shall supply a sufficient number of copies for that purpose.

The Commissioner may give such directions as he may think fit with regard to the subsequent procedure.

A request for the sealing of a patent on an application shall be made in form 24.

The period within which a request for the sealing of a patent may be made under proviso (a) to section 27(2) of the Act shall be 2 months from the date of the final determination of the proceedings.

An application under section 27(3) of the Act for the extension of the period for making a request for the sealing of a patent shall be made in form 25.

The extension shall not be more than 3 months.

An application under section 27(4) of the Act for extension of the period for making a request for the sealing of a patent shall be made in form 26.

The extension shall not be more than 6 months on any one application under section 27(4) of the Act.

A patent shall be in the form A or form B (whichever is applicable) set out in Schedule 3, or such modification of either of these forms as the Commissioner directs.

An application under section 28 of the Act for the amendment of a patent shall be made in form 27, and shall be accompanied by evidence verifying the statements therein and by the letters patent.

A person who desires to keep a patent in force shall file a request in form 28 before the expiration of the period prescribed in the first column of Schedule 4 and shall pay the renewal fee prescribed in the second column of that schedule:

All or any of the prescribed renewal fees may be paid in advance.

A request for extension of the period for payment of any renewal fee shall be made in form 29.

On due compliance with the terms of regulation 73, the Commissioner shall issue a certificate in form 30 that the prescribed fee has been duly paid.

Where any renewal fee is due or becomes due in respect of any patent the Commissioner may send to the patentee at his address for service and to the person who paid the last renewal fee a notice of the date when the payment is due, and of the consequences of non-payment.

Where directions given by the Commissioner under section 25(1) or under section 26(1) of the Act prohibiting the publication of information with respect to an invention forming the subject of an application for a patent have been revoked and a patent is granted on the application, no renewal fees shall be payable in respect of any period which commenced in the period during which the directions were in force.

An application to the Commissioner under section 31, section 32, or section 33 of the Act for an order extending the term of a patent shall be made in form 31.

The application shall state the period of the extension which is sought and shall be supported by evidence setting out fully the facts relied upon, such evidence being filed either with the application or at any time within 3 months from the date thereof.

The Commissioner shall forthwith advertise an application under regulation 79 in 2 issues of the Journal, and the applicant shall notify registered licensees, and (in the case of an application under section 33 of the Act) the patentee, of the advertisement:

At any time within 2 months from the date of the second advertisement of the application in the Journal any person may give notice of opposition.

Such notice shall be in form 32, and shall be accompanied by a copy thereof together with a statement (in duplicate) setting out fully the nature of the opponent’s interest, the grounds of opposition, and the relief which he seeks.

Evidence (in duplicate) of the facts upon which he relies shall be filed within 1 month of the filing of the notice.

A copy of the notice, the statement, and the evidence, shall be sent by the Commissioner to the applicant, who within 2 months from the receipt thereof may file evidence confined to matters strictly in reply and shall deliver to the opponent a copy of the evidence.

No further evidence shall be filed by either party except by leave or direction of the Commissioner.

An opponent shall be entitled at his own expense to be supplied by the applicant with a copy of the application and of any evidence filed in support.

On completion of the evidence or at such other time as he may see fit, the Commissioner shall appoint a time for the hearing of the case, and shall give the parties at least 14 days’ notice of the appointment.

If either party desires to be heard he shall notify the Commissioner in form 17, and the Commissioner may refuse to hear any party who has not filed notice in the said form prior to the time of the hearing.

After hearing the party or parties desiring to be heard or, if neither party desires to be heard, then without a hearing, the Commissioner shall decide the case and notify his decision to the parties.

If no notice of opposition to the application is given the Commissioner shall, on the expiration of the period prescribed by regulation 82(1), after hearing the applicant if desiring to be heard, decide the case and notify his decision to the applicant.

If at any stage of the application the Commissioner decides to refer the application for decision by the court, he shall notify every party to the proceedings accordingly.

An application under section 35 of the Act for restoration of a patent shall be made in form 33.

Evidence in support of the statements made in the application shall be filed within 3 months of the date of the application.

If upon consideration of the evidence the Commissioner is not satisfied that a prima facie case for an order under section 35 of the Act has been made out, he shall notify the applicant accordingly and, unless within 1 month the applicant requests to be heard in the matter, the Commissioner shall refuse the application.

If the applicant requests a hearing within the time allowed, the Commissioner (after giving the applicant an opportunity of being heard) shall determine whether the application may proceed to advertisement or whether it shall be refused.

At any time within 2 months of the advertisement of the application under section 35(4) of the Act, any person may give notice of opposition thereto in form 34.

The notice shall be accompanied by a copy thereof together with a statement (in duplicate) setting out fully the nature of the opponent’s interest and the facts upon which he relies.

A copy of the notice and of the statement shall be sent by the Commissioner to the applicant.

Upon notice of opposition being given the provisions of regulations 49 to 54 shall apply.

If the Commissioner decides in favour of the applicant, he shall notify him accordingly, and require him to file memoranda in forms 28 and 35.

For the protection of persons who have begun to avail themselves of the patented invention between the date when the patent ceased to have effect and the date of the application, every order of the Commissioner restoring a patent shall be subject to the following provisions:

An application under section 36 of the Act for the sealing of a patent shall be made in form 36.

Evidence in support of the statements made in the application shall be filed within 3 months of the date of the application.

If upon consideration of the evidence the Commissioner is not satisfied that a prima facie case for an order under section 36 of the Act has been made out he shall notify the applicant accordingly, and unless within 1 month from the notification the applicant requests to be heard in the matter, the Commissioner shall refuse the application.

If the applicant requests a hearing within the time allowed, the Commissioner, after giving the applicant an opportunity of being heard, shall determine whether the application may proceed to advertisement or whether it shall be refused.

At any time within 2 months of the advertisement of an application under section 36(3) of the Act any person may give notice of opposition thereto in form 37.

Such notice shall be accompanied by a copy thereof together with a statement (in duplicate) setting out fully the nature of the opponent’s interest and the facts upon which he relies.

A copy of the notice and statement shall be sent by the Commissioner to the applicant.

Upon notice of opposition being given the provisions of regulations 49 to 54 shall apply.

If the Commissioner decides in favour of the applicant, he shall notify the applicant accordingly and require him to file a memorandum in form 38 together with a request in form 24.

Every order of the Commissioner under section 36 of the Act for the sealing of a patent shall be subject to the same provision for the protection of persons who have begun to avail themselves of the invention between the date when the time allowed by or under section 27 of the Act for making the prescribed request for sealing expired, and the date of the application for an order for sealing, as are specified in regulation 89 for the protection of persons who have begun to avail themselves of a patented invention between the date when the patent ceased to have effect and the date of the application for restoration, there being substituted for references to the date when the patent ceased to have effect references to the date when the time allowed by or under section 27 of the Act for making the request for sealing expired.

An application under section 37 of the Act for restoration of an application and extension of the period for complying with the requirements imposed on the applicant by or under the Act shall be made in form 39.

Evidence in support of the statements made in the application shall be filed within 3 months of the date of the application.

If upon consideration of the evidence the Commissioner is not satisfied that a prima facie case for an order under section 37 of the Act has been made out, he shall notify the applicant accordingly; and unless within 1 month from the notification the applicant requests to be heard in the matter, the Commissioner shall refuse the application.

If the applicant requests a hearing within the time allowed, the Commissioner, after giving the applicant an opportunity of being heard, shall determine whether the application may proceed to advertisement or whether it shall be refused.

At any time within 2 months of the advertisement of the application under section 37(3) of the Act any person may give notice of opposition thereto in form 40.

Such notice shall be accompanied by a copy thereof together with a statement (in duplicate) setting out fully the nature of the opponent’s interest and the facts upon which he relies.

A copy of the notice and of the statement shall be sent by the Commissioner to the applicant.

Upon notice of opposition being given the provisions of regulations 49 to 54 shall apply.

Every order of the Commissioner under section 37 of the Act for the restoration of an application and extension of the period for complying with the requirements imposed on the applicant by or under the Act shall be subject to the same provisions for the protection of persons who have begun to avail themselves of the invention between the date when the period prescribed by section 19 of the Act, and every extension of that period granted under that section or under section 93 of the Act for complying with all the requirements imposed on the applicant by or under the Act expired, and the date of the application for an order under section 37 of the Act, as are specified in regulation 89 for the protection of persons who have begun to avail themselves of a patented invention between the date when the patent ceased to have effect and the date of the application for restoration, there being substituted for references to the date when the patent ceased to have effect references to the date when the period prescribed by section 19 of the Act and every extension of that period granted under that section or under section 93 of the Act for complying with all the requirements imposed on the applicant by or under the Act expired.

An application to the Commissioner for leave to amend an accepted complete specification under section 38 of the Act shall be made in form 41 and, subject to the proviso to section 38(3) of the Act, shall be advertised by publication of the application and the nature of the proposed amendment in the Journal, and in such other manner, if any, as the Commissioner may in each case direct.

Unless the Commissioner otherwise directs, an application or proposal for amendment of an accepted complete specification shall be accompanied by a copy of the specification and drawings clearly showing in red ink the amendment sought.

Any person wishing to oppose the application shall, within 1 month from the date of the advertisement in the Journal, or such further period not exceeding 3 months from the said date as the Commissioner may in special cases allow, give notice to the Commissioner in form 42.

Such notice shall be accompanied by a copy thereof and a statement (in duplicate) setting out fully the nature of the opponent’s interest, the facts upon which he relies, and the relief which he seeks. A copy of the notice and of the statement shall be sent by the Commissioner to the applicant.

Upon such notice of opposition being given and a copy thereof sent to the applicant the provisions of regulations 49 to 54 shall apply.

An application for leave to amend a complete specification which has not been accepted, except when the amendment is made to meet an objection contained in an examiner’s report, shall be made in form 43.

An application for leave to amend an application for a patent, except when the amendment is made to meet an objection made by the Patent Office, shall be made in form 44.

Where leave to amend a specification is given, the applicant shall, if the Commissioner so requires and within a time to be fixed by him, file a new specification and drawings as amended, which shall be prepared in accordance with regulations 10 and 30 to 35.

An application for the revocation of a patent under section 42 of the Act shall be made in form 45, and shall be accompanied by a copy thereof and a statement (in duplicate) setting out fully the nature of the applicant’s interest, the facts upon which he relies, and the relief which he seeks.

A copy of the application and of the statement shall be sent by the Commissioner to the patentee.

Upon any such application being made and a copy thereof sent to the patentee, the provisions of regulations 49 to 54 shall apply with the substitution of references to the patentee for references to the applicant and of references to the applicant for references to the opponent.

If the patentee offers under section 43 of the Act to surrender his patent, the Commissioner, in deciding whether costs should be awarded to the applicant for revocation, shall consider whether proceedings might have been avoided if the applicant had given reasonable notice to the patentee before the application was filed.

A notice of an offer by a patentee under section 43 of the Act to surrender his patent shall be given in form 46, and shall be advertised by the Commissioner in the Journal.

At any time within 1 month from the advertisement any person may give notice of opposition to the Commissioner in form 47, which shall be accompanied by a copy thereof and a statement (in duplicate) setting out fully the nature of the opponent’s interest, the facts upon which he relies, and the relief which he seeks.

A copy of the notice and of the statement shall be sent by the Commissioner to the patentee.

Upon such notice of opposition being given and a copy thereof sent to the patentee, the provisions of regulations 49 to 54 shall apply with the substitution of references to the patentee for references to the applicant.

An application under section 44(1) of the Act for endorsement of a patent “licences of right” shall be made in form 48, and shall be accompanied by evidence verifying the statement in the application, and by the letters patent.

An application under paragraph (a) or paragraph (b) of section 44(2) of the Act for settlement of the terms of a licence under a patent endorsed “licences of right” shall be made in form 49, and shall be accompanied by a copy thereof and a statement (in duplicate) setting out fully the facts upon which the applicant relies and the terms of the licence which he is prepared to accept or grant.

A copy of the application and statement shall be sent by the Commissioner to the patentee or the person requiring a licence, as the case may be, who, if he does not agree to the terms set out in the statement, shall within 6 weeks of the receipt of those copies file a counterstatement setting out fully the grounds of the objection and send a copy thereof to the applicant.

The Commissioner shall give such directions as he may think fit with regard to the filing of evidence and the hearing of the parties.

An application under section 45(1) of the Act for the cancellation of an endorsement shall be made in form 50, and shall be accompanied by evidence verifying the statement in the application, and by a memorandum in form 28 with fees to the amount of the balance of all renewal fees which would have been payable if the patent had not been endorsed.

An application under section 45(2) of the Act for the cancellation of an endorsement shall be made in form 51 2 months after the patent has been endorsed, and shall be accompanied by a copy and a statement (in duplicate) setting out fully the nature of the applicant’s interest and the facts upon which he relies.

Every application under subsection (1) or subsection (2) of section 45 of the Act shall be advertised in the Journal, and the period within which notice of opposition to the cancellation of an endorsement may be given under section 45(5) of the Act shall be 3 months after the advertisement.

Such notice shall be given in form 52, and shall be accompanied by a copy thereof and a statement (in duplicate) setting out fully the facts upon which the opponent relies and, in the case of opposition to an application under section 45(1) of the Act, the nature of his interest.

A copy of the notice and of the statement shall be sent by the Commissioner to the applicant for cancellation of the endorsement, and thereafter the Commissioner may give such directions as he may think fit with regard to the subsequent procedure.

Where the Commissioner cancels the endorsement pursuant to section 45(3) of the Act, the patentee shall within 1 month from the cancellation of the endorsement file a memorandum in form 28 with fees to the amount of the balance of all renewal fees which would have been payable if the patent had not been endorsed.

An application under section 46 of the Act for a licence under a patent or for endorsement of a patent “licences of right” shall be made in form 53.

An application under section 49(1) of the Act for the endorsement of a patent “licences of right” or for the grant of a licence under a patent to a specified person shall be made in form 54.

An application under section 50 of the Act for the revocation of a patent shall be made in form 55.

An application under section 46, section 49, or section 50 of the Act shall be accompanied by evidence verifying the statements in the application.

If upon consideration of the evidence the Commissioner is not satisfied that a prima facie case has been made out for the making of an order, he shall notify the applicant accordingly, and unless within 1 month the applicant requests to be heard in the matter the Commissioner shall refuse the application.

If the applicant requests a hearing within the time allowed, the Commissioner, after giving the applicant an opportunity of being heard, shall determine whether the application may proceed to advertisement or whether it shall be refused.

If the Commissioner allows the application to proceed to advertisement, he shall direct the applicant to serve copies of the application and of the evidence filed in support thereof upon the patentee and any other persons appearing from the register to be interested in the patent and upon any other person on whom, in his opinion, copies should be so served.

The time within which notice of opposition under subsection (3) of section 52 of the Act may be given shall be 2 months after the advertisement of the application under subsection (2) of that section.

Such notice shall be given in form 56, and evidence verifying the statements made therein shall be filed within 1 month of the filing of the opposition.

The opponent shall serve a copy of the notice and of the evidence on the applicant.

Thereafter the Commissioner may give such directions as he may think fit with regard to the subsequent procedure.

An application under section 51 of the Act for a licence under a patent shall be made in form 57.

The procedure to be followed in connection with any such application shall be the same as that prescribed in regulations 118 to 120 for an application under section 46 of the Act.

An application for directions under section 64(1) of the Act by a co-grantee or co-proprietor of a patent shall be made in form 58, and shall be accompanied by a statement setting out fully the facts upon which the applicant relies and the directions which he seeks.

A copy of the application and of the statement shall be sent by the Commissioner to each other person registered as grantee or proprietor of the patent, and the applicant shall supply a sufficient number of copies for that purpose.

Thereafter the Commissioner may give such directions as he may think fit with regard to the subsequent procedure.

An application for directions under section 64(2) of the Act by a co-grantee or co-proprietor of a patent shall be made in form 59, and shall be accompanied by a copy thereof and a statement (in duplicate) setting out fully the facts upon which the applicant relies, and the directions which he seeks.

A copy of the application and of the statement shall be sent by the Commissioner to the person in default.

Thereafter the Commissioner may give such directions as he may think fit with regard to the subsequent procedure.

An application under section 65(1) of the Act to determine a dispute as to rights in an invention shall be made in form 60, and shall be accompanied by a copy thereof together with a statement (in duplicate) setting out fully the facts of the dispute and the relief which is sought.

A copy of the application and of the statement shall be sent by the Commissioner to the other party to the dispute, who within 3 months after receipt thereof shall file a counterstatement (in duplicate) setting out fully the grounds on which he disputes the right of the applicant to the relief sought.

The Commissioner shall send a copy of this counterstatement to the applicant, and thereafter, subject to such directions as the Commissioner may think fit to give, the provisions of regulations 50 to 54 shall apply with the substitution of references to the applicant for references to the opponent and references to the other party for references to the applicant.

Upon the sealing of a patent the Commissioner shall cause to be entered in the register the name, address, and nationality of the patentee as the grantee thereof, the title of the invention, the date of the patent, and the date of the sealing thereof, together with the address for service.

The Commissioner may at any time enter in the register such other particulars as he may deem necessary.

A request by a patentee for the alteration of a name, nationality, or address, or address for service entered in the register in respect of his patent shall be made in form 61.

Before acting on a request to alter a name or nationality, the Commissioner may require such proof of the alteration as he may think fit.

If the Commissioner is satisfied that the request may be allowed, he shall cause the register to be altered accordingly.

An application for the registration of the title of any person becoming entitled by assignment, transmission, or operation of law to a patent or to a share in a patent, or becoming entitled by virtue of a mortgage, licence, or other instrument to any other interest in a patent, shall be made,—

Application may be made in form 66 for entry in the register of notification of any other document purporting to affect the proprietorship of a patent.

An official or certified copy of a document which is referred to in an application under regulation 127 and is a matter of record in New Zealand shall be produced to the Commissioner with the application.

Unless the Commissioner otherwise directs, the original of any other document so referred to shall be produced to him with the application and a certified copy of any such document shall be filed therewith.

There shall be open for inspection without fee at any convenient time,—

Upon the issue of a certificate of payment under regulation 76, the Commissioner shall enter in the register the fact that the fee has been paid, and the date of payment as stated on the certificate.

Where an order for the extension of the term of a patent under section 31, section 32, or section 33 of the Act contains a provision that persons claiming to be deemed to have acted with the licence of the patentee or exclusive licensee shall make application for entry of their claim upon the register, the application shall be made in form 67.

An application under section 86 of the Act for leave to dispense with the production of probate or letters of administration shall be made in form 68, and shall be supported by such evidence as may be required by the Commissioner.

A request under section 88(3) of the Act for the correction of a mistake in the register, in any patent, or application for a patent, or any document filed in pursuance of such an application, or in proceedings in connection with any patent, shall be made in form 69.

Where the Commissioner requires notice of the nature of the proposed correction to be advertised, the advertisement shall be made by publication of the request and the nature of the proposed correction in the Journal, and in such other manner (if any) as the Commissioner may direct.

Any person may, at any time within 1 month from the date of the advertisement in the Journal, give notice to the Commissioner of opposition to the proposed correction in form 70.

Every such notice shall be accompanied by a copy thereof and a statement (in duplicate) setting out fully the nature of the opponent’s interest, the facts on which he relies, and the relief which he seeks.

A copy of the notice and of the statement shall be sent by the Commissioner to the person making the request, and thereafter the provisions of regulations 49 to 54 shall apply.

Where in accordance with section 88(4) of the Act a hearing is appointed, at least 14 days’ notice of the appointment shall be given to the patentee or the applicant for a patent and to any other person to whom notice of the proposed correction has been given by the Commissioner.

A request for a certificate of the Commissioner for the purposes of section 89(1) of the Act shall be made in form 71.

The Commissioner may, on payment of the prescribed fees, furnish certified copies of any entry in the register, or certified copies of, or extracts from, patents, specifications, and other public documents in the Patent Office, or of or from registers and other records kept there, and may give certificates as to any matter relating to the Act or these regulations.

A request under section 90 of the Act for information relating to any patent or application for a patent may be made—

Any such request shall be made in form 72, and a separate form shall be used in respect of each of the said matters.

An application under section 92 of the Act for a further patent to be sealed shall be made in form 73 and shall be accompanied by evidence setting out fully and verifying the circumstances in which the patent was lost or destroyed, or cannot be produced.

Where under these regulations evidence is required to be filed it shall be by statutory declaration or affidavit unless otherwise expressly provided in these regulations.

The statutory declarations and affidavits required by these regulations, or used in any proceedings thereunder, shall be headed in the matter or matters to which they relate, and shall be divided into paragraphs consecutively numbered, and each paragraph shall so far as possible be confined to one subject.

Every statutory declaration or affidavit shall state the description and true place of abode of the person making the same, and shall be written, typed, lithographed, or printed.

The statutory declarations and affidavits shall be made and subscribed as follows:

For the purposes of this regulation the expression Commonwealth representative means any Ambassador, High Commissioner, Minister, Chargé d’Affaires, Consular Officer, Trade Commissioner, or Tourist Commissioner of a Commonwealth country (including New Zealand); and includes any person lawfully acting for any such officer; and also includes any diplomatic secretary on the staff of any such Ambassador, High Commissioner, Minister, or Chargé d’Affaires.

Any document purporting to have affixed, impressed, or subscribed thereto or thereon the seal or signature of any person authorized by regulation 143 to take a declaration or affidavit, in testimony that the declaration or affidavit was made and subscribed before him, may be admitted by the Commissioner without proof of the genuineness of the seal or signature or of the official character of the person or his authority to take the declaration or affidavit.

At any stage of any proceedings before the Commissioner he may direct that such documents, information, or evidence as he may require shall be furnished within such period as he may fix.

In any proceedings before the Commissioner under the Act or these regulations, the Commissioner may summon any person to appear and give evidence before him, or to appear and produce any books, deeds, papers, or other writings in his possession or under his control relating to the matter of the said proceedings. Every summons issued in pursuance of this regulation shall be in form 74.

Any person upon whom any such summons is served, and to whom at the same time payment or tender of his expenses is made in accordance with the scale referred to in regulation 148 and who fails to attend or to give evidence or to produce any such books, deeds, papers, or other writings in accordance with the terms of the summons, shall be liable on conviction to a fine not exceeding £20 for each such default.

Witnesses in any such proceedings shall be entitled to receive payment for expenses in accordance with the scale of allowances for the time being payable to witnesses for attendance in proceedings in a District Court. All payments made in pursuance of this regulation shall be payable by the party on whose behalf the witness is summoned, or by any or all of the parties to the proceedings in such proportions as the Commissioner decides.

Except as provided in subclause (2), every hearing before the Commissioner shall be at Wellington.

One or more of the parties may, not later than 14 days before the date appointed for the hearing, apply to the Commissioner to conduct the hearing at some other place in New Zealand. The Commissioner may in his discretion, on payment by the party making the application of such sum to cover expenses and subject to such conditions as to notice and costs as the Commissioner thinks fit, conduct the hearing at the place named in the application.

Where an application under subclause (2) is not made by all the parties to the proceedings, the Commissioner shall not decide the application without giving the parties an opportunity to be heard.

Where an application to the court under section 87 of the Act for rectification of the register has been made, the applicant shall forthwith serve an office copy of the application on the Commissioner, who shall enter a notice of the application in the register.

Where any order has been made by the court under the Act revoking a patent or extending the term of a patent, or allowing a patentee to amend his specification or affecting the validity or proprietorship of a patent or any rights thereunder, the person in whose favour the order has been made shall file an application in form 75 accompanied by a sealed duplicate of the order or a certified copy of the order, and thereupon the specification shall be amended or the register rectified or altered, as the case may be.

An examination to be called the Patent Attorneys Examination shall be conducted when required as hereinafter set forth jointly by the Commissioner and the Council of the New Zealand Institute of Patent Attorneys Incorporated.

No person shall present himself for the examination unless he satisfies the Commissioner and the Council of the New Zealand Institute of Patent Attorneys Incorporated that he has passed the New Zealand School Certificate Examination or the New Zealand University Entrance Examination or an examination which in the opinion of the Commissioner and the Council is equivalent thereto or has been accredited for entrance to the University of New Zealand:

Any person desiring to present himself for examination in any subject shall notify the Commissioner and pay the fee prescribed in Schedule 1 not later than 1 February in the year in which he desires to be examined, or not later than such other day in that year (not being a day earlier than 1 February) as the Commissioner may advertise in the Journal.

On receiving such notice the Commissioner shall inform the Council of the New Zealand Institute of Patent Attorneys Incorporated, and the Commissioner and the Council shall jointly arrange the time and conduct of the examination.

The papers for the examination shall be set and marked by 2 examiners, of whom one shall be the Commissioner and one a registered patent attorney nominated by the Council.

If the 2 examiners cannot agree on any matter, the Commissioner and the Council shall jointly appoint a third examiner in respect of that matter, which shall be determined by the 3 examiners or by a majority of them.

If the Commissioner and the Council cannot agree on the appointment of a third examiner, the Minister shall appoint him.

The examination shall be conducted by means of written papers on the following subjects:

Every candidate who before the commencement of this regulation has been credited with a pass in the subject foreign patent law and practice shall be deemed to have been credited with a pass in the subject specified in paragraph (c) of subclause (1).

Every candidate who before the commencement of this regulation has been credited with a pass in the subject patent attorney practice shall be deemed to have been credited with a pass in each of the subjects specified in paragraphs (d) and (e) of subclause (1).

No candidate shall present himself for examination in more than 3 subjects in any one year.

Where a candidate has been credited with a pass in a single subject only in any one year, that credit shall lapse if the candidate fails to complete all the subjects of the examination by the end of the fifth year after the year in which he was credited with that subject.

Notwithstanding subclause (2), the Commissioner may allow the candidate to be credited with that subject for a further period not exceeding 2 years if the candidate applies for the credit before the end of the seventh year after the year in which he was credited with that subject and the Commissioner is satisfied that the candidate has pursued his studies with diligence.

No candidate shall present himself for examination in the subjects specified in paragraphs (d) and (e) of subclause (1) of regulation 158 until he has been credited with a pass in the subject specified in paragraph (a) of that subclause.

To pass in a subject having only 1 paper a candidate must obtain not less than 50% of the marks for that paper, and to pass in a subject having 2 papers he must obtain not less than 50% of the aggregate of the marks for both papers.

The Commissioner shall, in respect of applications for patents (whether filed before or after the commencement of the Act), publish in the Journal as soon as convenient the following particulars so far as they are known to him:

A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by any qualified partner, or by any other person who satisfies the Commissioner that he is authorized to sign the document.

A document purporting to be signed for or on behalf of a body corporate shall be signed by a director or by the secretary or other principal officer of the body corporate, or by any other person who satisfies the Commissioner that he is authorized to sign the document.

The Commissioner shall, before exercising adversely to any party any discretionary power given him by the Act or these regulations, afford to that party an opportunity of being heard. In such a case the Commissioner may require the party to put his case before the Commissioner in writing. Thereupon the Commissioner shall give not less than 10 days’ notice to the party of the time when he may be heard, and shall hear the party, if he so desires. The decision or determination of the Commissioner in the exercise of any such discretionary power as aforesaid shall be notified by him to the party, and to any other person who appears to him to be affected thereby.

In any proceedings before the Commissioner, if he thinks fit,—

Any approval given by the Commissioner under this section may be on such terms as he may direct, including, if he thinks fit, the payment of a fee not exceeding $50.

The times prescribed by these regulations for doing any act, or taking any proceeding thereunder, other than the times prescribed by regulations 68, 81(1), 87(1), 92(1), 97(1), 108(1), 113(1), and 135(1), may be extended by the Commissioner, if he thinks fit, upon such notice to the parties and upon such terms as he may direct, and such extension may be granted although the time has expired for doing the act or taking the proceeding. An application for an extension of time under this regulation shall be made in form 76.

Where, under these regulations, any person is required to do any act or thing, or any document or evidence is required to be produced or filed, the Commissioner may, upon the production of such evidence and subject to such terms and conditions as he thinks fit, modify or dispense with the doing of the act or thing or the production or filing of the document or evidence if he is satisfied that it is reasonable so to do.

The Commissioner may allow an application for a patent or a provisional or complete specification, although not in accordance with these regulations, to be left on such terms and conditions as he thinks fit. In any such case the Commissioner shall require the applicant to comply with these regulations within the time specified by him. Until the prescribed requirements are complied with no further action shall be taken by the Commissioner in respect of the application.

The Commissioner may dispense with any fee payable in respect of any application under this regulation if he is satisfied that the necessity for the application arises out of the coming into force of the Act or of these regulations.

Where under section 9(2) of the Act an application for a patent has been deemed to be abandoned for a continuous period of 6 years, the Commissioner may, at the expiration of that period, destroy the application and all or any of the file records in respect of the said application, including the specification and drawings (if any) accompanying or left in connection with the said application.

Where under section 19 of the Act an application for a patent remains void for a continuous period of 6 years, or where a patent remains unsealed for a period of 6 years after the last date on which it could lawfully be sealed, or where the prescribed renewal fees in respect of a patent remain unpaid for a period of 6 years after the due date of payment, or where a period of 6 years has elapsed since the expiration of the patent and any extension thereof, the Commissioner, at the expiration in each case of the said period of 6 years, may destroy the relevant application and all or any of the file records in respect of the said application or patent except, in the case of an application which is open to public inspection under the Act, the specifications, drawings, and office search data in respect thereof.

The regulations specified in Schedule 5 are hereby revoked.

Without limiting the provisions of the Interpretation Act 1999 it is hereby declared that the revocation of any provision by these regulations shall not affect any document made or any thing whatsoever done under the provision so revoked or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the revocation and could have been made or done under these regulations, shall continue and have effect as if it had been made or done under the corresponding provision of these regulations and as if that provision had been in force when the document was made or the thing was done.

Notwithstanding anything in regulation 73 or in Schedule 4, and notwithstanding the revocation of the Patents Amending Regulations 1951 (SR 1951/185), the renewal fees to keep in force for the full term thereof patents granted upon applications made before 1 September 1951 shall be in accordance with regulation 3 of the said Patents Amending Regulations 1951, and the provisions of that regulation shall continue to apply to the said patents.