(1) These regulations may be cited as the Patents (Patent Cooperation Treaty) Regulations 1992.

(2) These regulations shall come into force on 1 December 1992.

In these regulations, unless the context otherwise requires,—

(1) Subject to subclauses (2) to (4), where any document or documents forming part of a Treaty application have been supplied to the Commissioner in a language other than the English language, the applicant shall, within 3 months of the commencement date of the national phase, supply a translation of that document or documents, as the case may be, to the Commissioner, which translation shall be accompanied by a certificate of verification.

(2) Upon application by the applicant in accordance with this regulation, the Commissioner may, for such time and upon such terms as the Commissioner thinks fit, extend the time specified in subclause (1) for the supply of an English translation and certificate of verification.

(3) The Commissioner may grant an extension pursuant to subclause (2) notwithstanding the fact that the time has expired for the supply of the English translation and certificate of verification.

(4) An application for extension of time must be made in writing.

(5) [Revoked]

(1) Where New Zealand was, within the meaning of Article 31(4)(a) of the Patent Cooperation Treaty, indicated as an elected State for the purposes of an international application within the period of 19 months from the priority date accorded that application, the applicant shall fulfil the applicant's obligations under Article 39(1) of the Patent Cooperation Treaty within the period of 31 months from that priority date.

(2) In any other case, the applicant of an international application shall fulfil the applicant's obligations under Article 22(1) of the Patent Cooperation Treaty within the period of 31 months from the priority date accorded that application.

For the purposes of section 26G(1)(b) of the Act the prescribed time limit shall be—

• (a) 31 months from the priority date accorded the international application, where New Zealand was, within the meaning of Article 31(4)(a) of the Patent Cooperation Treaty, indicated as an elected State for the purposes of that application within the period of 19 months from that priority date:

• (b) 31 months from the priority date accorded the international application, in any other case, to which paragraph (a) does not apply.

(1) Subject to subclause (2), except on the express request of the applicant, the Commissioner shall not grant a patent or refuse to grant a patent, until the expiration of 1 month from the date on which the applicant has fulfilled the applicant's obligations under either Article 22(1) or Article 39(1) of the Patent Cooperation Treaty, as the case may be.

(2) Where communication to the Commissioner in accordance with Rule 47.1 of the Treaty regulations has not been made within the period of 1 month from the date on which the applicant fulfilled the applicant's obligations under either Article 22(1) or Article 39(1) of the Patent Cooperation Treaty, as the case may be, the time limit set out in subclause (1) of this regulation shall be extended to 4 months.

At any time during the national phase and before the expiration of the time period specified in section 19(1) of the Act for putting the application in order, the applicant of a Treaty application shall supply the Commissioner with the following information:

• (a) in the case of a convention application, a declaration as to the inventorship of the invention disclosed in the application:

• (b) in the case of an application other than a convention application, a declaration alleging the right of the applicant to make the application:

• (c) an address for service in New Zealand, which address shall be regarded for the purposes of the application as the applicant's address:

• (d) where applicable, a notice of authorisation appointing an agent to act for the applicant in any proceedings or matters before or affecting the Commissioner under the Act or these regulations concerning the Treaty application. In the case of any such appointment, service upon the agent of any document relating to the application shall be deemed to be service upon the person so appointing him or her, all communications directed to be made to the person in respect of the proceedings or matters may be addressed to the agent, and all attendances upon the Commissioner relating thereto may be made by or through the agent.

Notwithstanding the Patents Regulations 1954, the requirements relating to the form and contents of any Treaty application, shall be those set out in the Patent Cooperation Treaty, the Treaty regulations, and these regulations.

The fees payable to the Commissioner in respect of any international application are set out in the Schedule.

The fees prescribed by these regulations are exclusive of goods and services tax under the Goods and Services Tax Act 1985.

An applicant shall pay a transmittal fee to the Commissioner, in accordance with Rule 14.1 of the Treaty regulations, within 1 month of the applicant filing the international application.

(1) The Commissioner shall, from time to time, by notice in the Patent Office Journal, publish the fees, to be collected by the Commissioner on behalf of the International Bureau, pursuant to Rule 15 of the Treaty regulations.

(2) Any alteration in the amount payable pursuant to subclause (1) shall be published in the Patent Office Journal and shall take effect from the date prescribed under Rule 15.2(d) of the Treaty regulations.

(1) The Commissioner shall, from time to time, by notice in the Patent Office Journal, publish the fee to be collected by the Commissioner, on behalf of any International Searching Authority, pursuant to Rule 16 of the Treaty regulations.

(2) Any alteration in the amount payable pursuant to subclause (1) shall be published in the Patent Office Journal and shall take effect from the date prescribed under Rule 16.1(d) of the Treaty regulations.

(1) Where a transmittal fee is payable by the applicant pursuant to Rule 14.1 of the Treaty regulations and the fee is not paid in accordance with the provisions of regulation 11 of these regulations the applicant shall pay to the Commissioner a late payment fee in accordance with Rule 16^bis.2 of the Patent Cooperation Treaty.

(2) Where a basic fee or designation fee, payable by the applicant pursuant to Rule 15.1 of the Treaty regulations and in accordance with the provisions of regulation 12 of these regulations, is not paid within the time period prescribed for each fee pursuant to Rule 15.4 of the Treaty regulations, the applicant shall pay to the Commissioner a late payment fee in accordance with Rule 16^bis.2 of the Patent Cooperation Treaty.

(3) Where a search fee payable by the applicant pursuant to Rule 16 of the Treaty regulations and in accordance with the provisions of regulation 13 of these regulations, is not paid within the time period prescribed pursuant to Rule 16.1(f) of the Treaty regulations, the applicant shall pay to the Commissioner a late payment fee in accordance with Rule 16^bis.2 of the Patent Cooperation Treaty.

(4) The amount of the late payment fee payable by the applicant pursuant to subclauses (1) to (3) shall be—

• (a) 50% of the amount of the unpaid fee or fees, as the case may be, specified in the invitation made to the applicant under either Rule 16^bis.1(a) or 16^bis.1(b) of the Treaty regulations; or

• (b) if the amount calculated under paragraph (a) of subclause (4) is less than the transmittal fee, an amount equal to the transmittal fee.

(5) The late payment fee payable under this regulation shall not exceed the amount of the basic fee payable under these regulations.

Where, in relation to a fee paid to the Commissioner, the Patent Cooperation Treaty requires that the fee be refunded to an applicant either in whole or in part, that fee or that part of that fee, as the case may be, shall be refunded by the Commissioner to the applicant accordingly.

(1) All fees collected by the Commissioner on behalf of the International Bureau or any International Searching Authority shall be paid into a Trust Fund established for the benefit of those organisations and administered in accordance with Part 7 of the Public Finance Act 1989.

(2) The Commissioner acting as trustee of the Trust Fund established pursuant to subclause (1) may expend the monies held in trust for the purposes of the Patent Cooperation Treaty including the refunds and the remission of fees to the International Bureau and any International Searching Authority.