Patents
Act
2013
Public
Act
2013
No
68
Date
of
assent
13
September
2013
Commencement
see
section
2
Contents
Page
1
T
itle
14
2
Commencement
14
Part
1
Pr
eliminary
Purposes
and
overview
3
Purposes
14
4
Overview
15
Interpr
etation
5
Interpretation
16
6
Meaning
of
novel
22
7
Meaning
of
inventive
step
22
8
Meaning
of
prior
art
base
23
9
Disclosure
to
be
disregarded
in
certain
circumstances
23
10
Meaning
of
useful
25
1
1
Computer
programs
25
Act
binds
the
Cr
own
12
Act
binds
the
Crown
27
1
Patents
Act
2013
2013
No
68
Part
2
Patentable
inventions
and
patent
rights
Subpart
1—
Patentable
inventions
General
rules
concerning
what
is
patentable
13
Patent
may
be
granted
for
patentable
inventions
only
27
14
Patentable
inventions
27
Exclusions
fr
om
patentability
15
Inventions
contrary
to
public
order
or
morality
not
patentable
inventions
28
16
Other
exclusions
29
Subpart
2—
Patent
rights
17
Nature
of
patent
29
18
Exclusive
rights
given
by
patent
29
19
Extent,
ef
fect,
and
form
of
patent
30
20
T
erm
of
patent
30
21
Extension
of
period
for
paying
renewal
fees
30
Subpart
3—
Patent
ownership
Who
may
be
granted
patent
22
Who
may
be
granted
patent
31
Power
of
patentee
to
deal
with
patent
23
Power
of
patentee
to
deal
with
patent
31
Co-owners
of
patent
24
Co-ownership
of
patent
31
25
Rights
of
buyers
from
co-owners
of
patent
32
26
Power
of
Commissioner
to
give
directions
to
co-owners
32
27
Miscellaneous
provisions
concerning
directions
33
Disputes
as
to
inventions
made
by
employees
28
Disputes
as
to
inventions
made
by
employees
33
29
Employment
Relations
Authority
or
Commissioner
may
apportion
benefit
of
invention
and
of
patent
34
30
Review
of
Commissioner
’
s
decision
35
Part
3
Pr
ocess
for
obtaining
grant
of
patent
and
other
matters
Subpart
1—
Patent
applications
31
Right
to
apply
for
patent
35
32
Application
requirements
35
33
Commissioner
may
post-date
application
or
specification
36
2
2013
No
68
Patents
Act
2013
34
Divisional
applications
36
35
Applicant
must
pay
maintenance
fee
37
Subpart
2—
Specifications
36
Complete
and
provisional
specifications
37
37
Filing
of
complete
specification
after
provisional
specification
has
been
filed
38
38
Contents
of
provisional
specification
39
39
Contents
of
complete
specification
39
40
Amendment
of
complete
specification
before
acceptance
40
41
Supply
of
drawings
40
42
Specifications
for
micro-or
ganisms
40
43
Deposit
requirements
for
micro-or
ganisms
41
44
Deposit
requirements
treated
as
satisfied
in
certain
circumstances
42
45
Micro-or
ganism
ceasing
to
be
reasonably
available
42
Subpart
3—
T
reaty
applications
46
T
reaty
application
treated
as
application
accompanied
by
complete
specification
43
47
Description,
claims,
and
drawings
43
48
International
filing
date
43
49
Commissioner
must
provide
international
filing
date
in
certain
circumstances
43
50
Amendments
to
documents
forming
part
of
complete
specification
44
51
T
reaty
application
void
45
52
Requirements
for
examination
of
T
reaty
application
46
Subpart
4—
Convention
applications
53
Convention
applicants
may
make
convention
applications
46
54
How
convention
applications
are
made
and
dealt
with
47
55
W
ithdrawn,
abandoned,
or
refused
basic
applications
48
56
Basic
applications
for
2
or
more
cognate
inventions
48
Subpart
5—
Priority
dates
57
Priority
date
of
claims
of
complete
specification
49
58
Priority
date
if
complete
specification
filed
for
single
application
49
59
Priority
date
if
complete
specification
filed
for
2
or
more
applications
49
60
Priority
date
for
convention
applications
50
61
Priority
date
for
T
reaty
applications
that
claim
priority
of
earlier
applications
50
3
Patents
Act
2013
2013
No
68
62
Rules
that
apply
if
2
or
more
priority
dates
apply
or
other
rules
do
not
apply
52
63
Priority
date
in
case
of
lack
of
entitlement
in
respect
of
another
patent
application
52
Subpart
6—
Examination
64
Request
for
examination
53
65
Examination
54
66
Commissioner
may
refuse
to
proceed
with
application
or
require
application
or
specification
to
be
amended
54
67
Applicants
must
act
by
deadline
if
deadline
set
by
Commissioner
55
68
Application
treated
as
abandoned
if
applicant
fails
to
act
within
set
deadline
55
69
Commissioner
must
examine
amended
specification
55
70
Duty
to
inform
Commissioner
of
search
results
56
Subpart
7—
Acceptance
and
publication
T
ime
for
putting
application
in
or
der
for
acceptance
71
T
ime
for
putting
application
in
order
for
acceptance
56
72
T
ime
may
be
extended
if
appeal
pending
or
possible
57
73
Notice
of
entitlement
must
be
filed
before
acceptance
58
Acceptance
74
Acceptance
of
complete
specification
59
75
Applicant
may
request
Commissioner
to
postpone
acceptance
59
Publication
76
Publication
in
case
of
applications
other
than
T
reaty
applications
60
77
Publication
in
case
of
divisional
applications
made
as
provided
for
in
section
34
60
78
Documents
open
to
public
inspection
61
79
Publication
of
T
reaty
applications
62
80
Certain
documents
not
to
be
published
62
81
Ef
fect
of
publication
of
complete
specification
63
82
Court
must
consider
whether
it
would
be
reasonable
to
expect
that
patent
would
be
granted
64
Subpart
8—
Amendment
of
specifications
after
acceptance
83
General
rules
concerning
amendments
of
specifications
after
acceptance
64
84
Amendment
must
be
published
in
journal
65
4
2013
No
68
Patents
Act
2013
85
Amendment
of
specification
with
leave
of
Commissioner
65
86
Request
for
leave
to
amend
must
be
published
in
journal
66
87
Opposition
to
proposed
amendment
66
88
Provisions
concerning
amendments
with
leave
of
Commissioner
do
not
apply
in
certain
circumstances
66
89
Amendment
of
specification
with
leave
of
court
66
Subpart
9—
Assertions
by
third
parties,
opposition,
and
re-examinations
Assertions
by
thir
d
parties
within
pr
escribed
period
90
Assertions
by
third
parties
on
novelty
and
inventive
step
67
91
Commissioner
must
consider
and
deal
with
notice
in
prescribed
manner
68
Opposition
to
grant
of
patent
92
Opposition
to
grant
of
patent
68
93
Hearing
and
decision
by
Commissioner
69
Re-examination
after
acceptance
94
Re-examination
before
patent
is
granted
69
95
Re-examination
after
patent
is
granted
70
96
Relationship
between
re-examination
and
other
proceedings
70
97
Report
on
re-examination
71
98
Refusal
to
grant
patent:
re-examination
before
grant
72
99
Revocation
of
patent:
re-examination
after
grant
72
100
Person
who
requests
re-examination
has
no
right
to
participate
further
in
re-examination
proceeding
73
Subpart
10—
Grant
of
patent
General
rules
101
When
patent
must
be
granted
73
102
V
alidity
of
patent
not
guaranteed
74
103
Patent
date
74
104
Patent
granted
for
one
invention
only
75
105
Amendment
of
patent
granted
to
deceased
person
or
to
body
corporate
that
has
been
liquidated
or
wound
up
75
Patents
of
addition
106
Patents
of
addition
75
107
Commissioner
may
revoke
patent
for
improvement
or
modification
and
grant
patent
of
addition
76
108
Restrictions
on
granting
of
patents
of
addition
76
109
T
erm
of
patent
of
addition
76
5
Patents
Act
2013
2013
No
68
1
10
Renewal
fees
for
patents
of
addition
77
1
1
1
Provisions
concerning
inventive
step
requirement
and
validity
in
connection
with
patents
of
addition
77
Subpart
1
1—
Revocation
and
surrender
of
patents
1
12
Revocation
of
patent
78
1
13
Provisions
concerning
applications
for
revocation
made
to
Commissioner
78
1
14
Grounds
for
revoking
patent
79
1
15
Court
may
also
revoke
patent
if
patentee,
without
reasonable
cause,
refuses
request
of
government
department
to
exploit
invention
80
1
16
Surrender
of
patent
80
Subpart
12—
Restoration
of
lapsed
patents
and
restoration
of
patent
applications
Restoration
of
lapsed
patents
1
17
Restoration
of
lapsed
patents
81
1
18
Request
must
describe
circumstances
that
led
to
failure
to
pay
renewal
fee
81
1
19
Persons
who
may
make
request
for
restoration
of
patent
82
120
When
request
for
restoration
of
patent
may
be
made
82
121
Commissioner
must
give
person
who
made
request
reasonable
opportunity
to
be
heard
if
not
satisfied
that
prima
facie
case
has
been
made
out
for
restoration
82
122
Commissioner
to
publish
request
in
journal
82
123
Notice
of
opposition
and
reasonable
opportunity
to
be
heard
83
124
Order
to
be
made
on
payment
of
unpaid
fees
83
Restoration
of
patent
applications
125
Request
for
restoration
of
void
or
abandoned
patent
applications
84
126
When
request
for
restoration
of
application
may
be
made
85
127
Notice
of
opposition
85
128
Commissioner
to
determine
matter
86
Subpart
13—
Miscellaneous
provisions
Substitution
of
applicants
129
Persons
claiming
under
assignment
or
agreement
or
by
operation
of
law
87
130
Death
of
applicant
87
131
Disputes
between
interested
parties
87
6
2013
No
68
Patents
Act
2013
Pr
ovisions
for
secr
ecy
of
certain
inventions
132
Directions
in
relation
to
inventions
concerning
defence
88
133
Commissioner
must
give
notice
to
Minister
of
Defence
89
134
Minister
of
Defence
must
consider
whether
publication
would
be
prejudicial
to
defence
of
New
Zealand
89
135
Commissioner
must
revoke
directions
on
receipt
of
notice
from
Minister
of
Defence
89
136
Acceptance
of
complete
specification
while
directions
in
force
90
137
Maintenance
fees
and
renewal
fees
not
payable
while
directions
in
force
90
138
Of
fence
to
fail
to
comply
with
directions
91
139
Liability
of
directors
and
managers
if
body
corporate
commits
of
fence
91
Part
4
Infringement,
other
patent
pr
oceedings,
and
matters
affecting
patent
ownership
Subpart
1—
Infringement
proceedings
What
constitutes
infringement
140
Infringement
by
doing
anything
patentee
has
exclusive
right
to
do
91
141
Infringement
by
supplying
means
to
infringe
to
another
person
92
142
Presumption
that
product
produced
by
infringing
process
92
What
does
not
constitute
infringement
143
No
infringement
for
experimental
use
93
144
No
infringement
by
use
in
or
from
foreign
vessels,
aircraft,
or
vehicles
93
145
No
infringement
for
use
to
produce
information
required
by
law
94
146
No
infringement
for
prior
use
of
invention
94
Counter
claim
for
r
evocation
of
patent
147
Defendant
may
counterclaim
for
revocation
of
patent
95
Bringing
infringement
pr
oceeding
in
court
148
Who
may
bring
infringement
proceeding
95
149
When
proceeding
may
be
brought
95
150
Right
to
bring
infringement
proceeding
if
registrable
assignment
or
licence
has
occurred
96
151
Proceeding
brought
by
exclusive
licensee
96
7
Patents
Act
2013
2013
No
68
Relief
for
infringement
152
T
ypes
of
relief
available
for
infringement
97
153
Court
must
not
award
damages
or
account
of
profits
if
innocent
infringement
97
154
Court
must
refuse
damages
or
account
of
profits
for
infringement
before
amendment
to
accepted
specification
97
155
Court
may
refuse
damages
or
account
of
profits
if
renewal
fees
not
paid
98
156
Limits
on
damages
and
accounts
of
profits
do
not
af
fect
power
to
grant
injunction
98
157
Court
may
grant
relief
for
partially
valid
patent
98
158
Court
may
grant
costs
for
subsequent
proceeding
if
validity
of
specifications
contested
99
Subpart
2—
Declarations
of
non-infringement
159
Application
for
declaration
of
non-infringement
99
160
Proceeding
for
declaration
of
non-infringement
99
161
Costs
in
declaration
of
non-infringement
100
162
V
alidity
of
patent
not
at
issue
in
proceeding
for
,
and
not
af
fected
by
,
declaration
of
non-infringement
100
Subpart
3—
Standing
of
Attorney-General
163
Attorney-General
may
appear
in
patent
proceeding
100
164
Parties
must
give
notice
to
Solicitor
-General
if
questioning
patent
validity
101
Subpart
4—
Patent
dealings,
patent
licences,
and
transmission
of
interests
in
patents
Registration
of
assignments,
licences,
and
other
inter
ests
in
patents
165
Application
for
registration
of
assignments,
licences,
and
other
interests
in
patents
101
166
Registration
of
assignments,
licences,
and
other
interests
in
patents
102
V
esting
of
patents
and
patent
applications
without
pr
obate
or
letters
of
administration
167
Commissioner
may
vest
patent
or
patent
application
without
probate
or
letters
of
administration
102
T
ermination
of
sales,
leases,
and
licences
of
patented
pr
oducts
and
pr
ocesses
if
patent
no
longer
in
for
ce
168
T
ermination
of
sales,
leases,
and
licences
of
patented
products
and
processes
if
patent
no
longer
in
force
103
8
2013
No
68
Patents
Act
2013
Subpart
5—
Compulsory
licences
Compulsory
licences
for
supply
of
patented
inventions
pr
edominantly
in
New
Zealand
169
Application
for
compulsory
licence
where
market
is
not
being
supplied,
or
is
not
being
supplied
on
reasonable
terms,
in
New
Zealand
104
170
Court
may
order
grant
of
licence
104
Compulsory
licences
for
export
of
pharmaceutical
pr
oducts
171
Court
may
order
grant
of
licence
for
export
of
pharmaceutical
products
to
certain
countries
105
172
Secretary
of
Foreign
Af
fairs
and
T
rade
may
publish
notices
that
specify
eligible
countries
106
173
T
erms
of
licence
108
174
Copy
of
order
must
be
sent
to
Commissioner
and
Secretary
of
Foreign
Af
fairs
and
T
rade
109
General
pr
ovisions
r
elating
to
compulsory
licences
175
Remuneration
payable
to
patentee
1
10
176
Person
applying
for
licence
must
have
made
ef
forts
to
obtain
licence
from
patentee
on
reasonable
commercial
terms
and
conditions
1
10
177
Exercise
of
powers
on
applications
under
section
169,
171,
or
175
1
10
178
Order
for
grant
of
licence
has
ef
fect
as
deed
1
10
Subpart
6—
Crown
use
of
inventions
179
Crown
use
of
inventions
1
1
1
180
Order
in
Council
may
declare
use
to
be
Crown
use
1
12
181
Protection
of
buyers
1
12
182
Rights
of
third
parties
in
respect
of
Crown
use
1
12
183
Reference
of
disputes
concerning
Crown
use
1
13
184
Court
may
refer
matter
to
special
or
of
ficial
referee
or
arbitrator
1
14
185
Special
provisions
as
to
Crown
use
during
emer
gency
1
14
186
Nature
and
scope
of
rights
under
section
179
1
14
187
Duty
to
inform
nominated
person
or
patentee
1
15
188
Nominated
person
or
patentee
entitled
to
remuneration
1
15
Subpart
7—
Mention
of
inventor
in
patent,
specification,
and
patents
register
189
Mention
of
inventor
in
patent,
specification,
and
patents
register
1
16
9
Patents
Act
2013
2013
No
68
190
Request
or
claim
to
be
mentioned
as
inventor
1
16
191
Request
or
claim
may
not
be
considered
in
certain
circumstances
1
17
192
Commissioner
must
give
notice
of
claim
and
opportunity
to
be
heard
1
17
193
Certificate
concerning
mention
of
inventor
1
17
Part
5
Administrative
and
miscellaneous
pr
ovisions
Subpart
1—
Patents
register
and
other
information
on
patents
and
patent
applications
Patents
r
egister
194
Patents
register
1
18
195
Purpose
of
patents
register
1
18
196
Form
of
patents
register
1
19
197
Contents
of
patents
register
1
19
Sear
ches
of
patents
r
egister
and
obtaining
patent
information
198
Search
of
patents
register
1
19
199
Requests
for
patent
information
and
certified
copies
120
Changes
to
patents
r
egister
and
other
official
documents
200
Changes
to
patents
register
120
201
Commissioner
may
correct
own
mistakes
in
patents
register
,
etc
120
202
Commissioner
may
correct
other
persons’
mistakes
in
patents
register
,
etc
121
203
Court
may
rectify
patents
register
121
Evidence
204
Evidence:
patents
register
and
patents
122
205
Evidence:
anything
done
by
Commissioner
122
Journal
and
other
publications
206
Commissioner
must
publish
journal
123
207
Commissioner
may
keep
or
publish
indexes,
etc
123
Subpart
2—
General
provisions
on
proceedings
of
Commissioner
Hearing
befor
e
exer
cise
of
Commissioner
’
s
discr
etion
208
Hearing
before
exercise
of
Commissioner
’
s
discretion
124
Giving
evidence
to
Commissioner
209
How
to
give
evidence
to
Commissioner
in
proceedings
124
10
2013
No
68
Patents
Act
2013
210
Commissioner
may
receive
evidence
on
oath
125
21
1
Issuing
of
summons
by
Commissioner
125
Power
to
awar
d
costs
212
Commissioner
may
award
costs
125
213
Commissioner
may
require
security
for
costs
126
Appeals
against
Commissioner
’
s
decisions
214
Appeals
against
decisions
of
Commissioner
126
215
Appeals
against
decisions
of
court
on
appeal
126
Costs
of
Commissioner
216
Costs
of
Commissioner
in
proceeding
127
Subpart
3—
Establishment
and
operation
of
administrative
bodies
and
of
ficers
for
patents
Commissioner
and
Assistant
Commissioners
217
Commissioner
and
Assistant
Commissioners
127
218
Functions
of
Commissioner
127
219
Powers
of
Assistant
Commissioners
of
Patents
128
220
Power
of
Commissioner
to
delegate
128
221
Liability
of
Commissioner
and
others
129
Intellectual
Pr
operty
Office
of
New
Zealand
222
Intellectual
Property
Of
fice
of
New
Zealand
129
223
Opening
hours
of
Intellectual
Property
Of
fice
of
New
Zealand
130
224
Closing
of
Intellectual
Property
Of
fice
of
New
Zealand
at
short
notice
130
Māori
advisory
committee
225
Appointment
and
membership
of
Māori
advisory
committee
130
226
Functions
of
Māori
advisory
committee
131
227
Ef
fect
of
advice
from
Māori
advisory
committee
131
228
Māori
advisory
committee
may
regulate
own
procedure
131
Subpart
4—
Other
miscellaneous
provisions
Filing
and
administration
of
Act
229
Electronic
filing
and
administration
of
Act
131
Power
to
extend
time
limits
230
Commissioner
may
extend
time
limits
for
delays
by
Commissioner
132
1
1
Patents
Act
2013
2013
No
68
231
Commissioner
may
extend
time
limits
for
certain
filing
requirements
or
for
delivery
failures
132
232
Requirements
for
applying
and
granting
extensions
of
time
limits
under
section
231
133
Serving
of
other
notices
233
Service
of
notices
(other
than
those
given
to
or
by
Commissioner)
133
Requir
ements
for
summons
234
Requirements
for
summons
134
235
W
itnesses’
fees,
allowances,
and
expenses
135
236
Of
fence
of
failing
to
comply
with
summons
135
Fees
and
other
money
paid
under
Act
237
Fees
and
penalties
payable
under
Act
or
regulations
136
238
Payment
and
application
of
fees
and
other
money
paid
under
this
Act
136
Miscellaneous
239
Protection
of
Royal
arms,
etc
137
240
Saving
for
certain
Crown
rights
137
241
Act
does
not
apply
to
T
okelau
137
242
Application
of
Personal
Property
Securities
Act
1999
137
Subpart
5—
Regulations
243
Regulations
138
244
Supplementary
empowering
provision
142
245
Regulations
providing
for
transitional
matters
and
orderly
implementation
of
Act
142
246
Orders
in
Council
as
to
convention
countries
143
Subpart
6—
Repeals,
amendments,
validation,
and
saving
and
transitional
provisions
247
Repeal
of
Patents
Act
1953
and
consequential
revocations
143
248
Preservation
of
patent
attorney
provisions
144
249
Consequential
amendments
to
other
enactments
144
250
Preservation
of
various
regulations
and
orders
144
251
V
alidation
of
fees
145
252
V
alidation
of
priority
date
for
T
reaty
applications
145
T
ransitional
pr
ovisions
for
patents
and
patent
applications
253
Outline
of
transitional
provisions
for
patents
145
254
T
ransitional
provision
for
patents
granted
under
Patents
Act
1953
146
12
2013
No
68
Patents
Act
2013
255
Patent
applications
made
under
Patents
Act
1953
continue
under
that
Act
147
256
Patents
Act
1953
ceases
to
apply
to
patent
application
if
complete
specification
later
filed
147
257
This
Act
applies
if
patent
application
under
Patents
Act
1953
is
post-dated
148
258
Patents
Act
1953
applies
to
divisional
applications
dated
before
commencement
148
259
Which
Act
applies
to
T
reaty
applications
149
T
ransitional
pr
ovisions
for
other
applications,
notices,
and
r
equests
260
T
ransitional
provision
for
other
applications,
notices,
or
requests
149
T
ransitional
pr
ovision
for
matters
in
for
ce
on
commencement
261
T
ransitional
provision
for
orders,
directions,
and
other
matters
in
ef
fect
on
transition
to
new
law
150
T
ransitional
pr
ovision
for
patents
r
egister
262
T
ransitional
provision
for
patents
register
151
T
ransitional
pr
ovisions
for
offences
and
infringements
263
T
ransitional
provision
for
of
fences
and
infringements
151
T
ransitional
pr
ovisions
as
to
statutory
r
efer
ences
264
T
ransitional
provision
as
to
statutory
references
to
corresponding
matters
151
265
T
ransitional
provision
as
to
repealed
references
to
Commissioner
,
journal,
or
Patent
Of
fice
152
T
ransitional
pr
ovisions
for
Commissioner
and
Assistant
Commissioners
266
T
ransitional
appointment
of
Commissioner
and
Assistant
Commissioners
152
267
T
ransitional
power
for
Commissioner
152
Schedule
154
Consequential
amendments
13
s
1
Patents
Act
2013
2013
No
68
The
Parliament
of
New
Zealand
enacts
as
follows:
1
T
itle
This
Act
is
the
Patents
Act
2013.
2
Commencement
(1)
The
following
provisions
of
this
Act
come
into
force
on
the
day
after
the
date
on
which
this
Act
receives
the
Royal
assent:
(a)
section
1
and
this
section:
(b)
Part
1
(which
contains
the
preliminary
provisions):
(c)
subpart
3
of
Part
5
(which
relates
to
the
establishment
and
operation
of
the
administrative
bodies
under
this
Act):
(d)
subpart
5
of
Part
5
(which
contains
the
regulation
-
mak-
ing
powers):
(e)
section
266(1)
(which
appoints
the
Commissioner
and
Assistant
Commissioners
of
Patents
under
the
Patents
Act
1953
as
the
new
Commissioner
and
Assistant
Com-
missioners).
(2)
The
rest
of
this
Act
comes
into
force
on
a
date
to
be
appointed
by
the
Governor
-
General
by
Order
in
Council;
and
1
or
more
orders
may
be
made
bringing
dif
ferent
provisions
into
force
on
dif
ferent
dates.
(3)
T
o
the
extent
that
it
is
not
previously
brought
into
force
under
subsection
(1)
or
(2),
the
rest
of
this
Act
comes
into
force
on
the
first
anniversary
of
the
date
on
which
this
Act
receives
the
Royal
assent.
Part
1
Pr
eliminary
Purposes
and
overview
3
Purposes
The
purposes
of
this
Act
are
to—
(a)
provide
an
ef
ficient
and
ef
fective
patent
system
that—
(i)
promotes
innovation
and
economic
growth
while
providing
an
appropriate
balance
between
the
interests
of
inventors
and
patent
owners
and
the
interests
of
society
as
a
whole;
and
14
2013
No
68
Patents
Act
2013
Part
1
s
4
(ii)
complies
with
New
Zealand’
s
international
obli-
gations;
and
(b)
ensure
that
a
patent
is
granted
for
an
invention
only
in
appropriate
circumstances
by—
(i)
establishing
appropriate
criteria
for
the
granting
of
a
patent;
and
(ii)
providing
for
procedures
that
allow
the
validity
of
a
patent
to
be
tested;
and
(c)
provide
greater
certainty
for
patent
owners
and
the
users
of
patented
inventions
that
patents
will
be
valid
after
they
are
granted;
and
(d)
address
Māori
concerns
relating
to
the
granting
of
patents
for
inventions
derived
from
indigenous
plants
and
animals
or
from
Māori
traditional
knowledge;
and
(e)
ensure
that
New
Zealand’
s
patent
legislation
takes
ac-
count
of
developments
in
the
patent
systems
of
other
countries.
4
Overview
(1)
In
this
Act,—
(a)
this
Part
specifies
the
purposes
of
this
Act
and
defines
terms
and
expressions
used
in
this
Act;
and
(b)
Part
2
contains
provisions
concerning
patentable
inven-
tions
and
patent
rights,
including
provisions
relating
to
what
is
a
patentable
invention,
exclusions
from
what
is
patentable,
the
exclusive
rights
given
by
a
patent,
and
who
may
be
granted
a
patent;
and
(c)
Part
3
describes
the
process
for
obtaining
a
patent
and
various
other
matters,
including
provisions
relating
to
patent
applications,
specifications,
examinations,
acceptance,
publication,
opposition,
and
the
granting
of
patents;
and
(d)
Part
4
contains
matters
af
fecting
patent
ownership,
in-
cluding
provisions
relating
to
infringement
proceedings
and
declarations
of
non
-
infringement,
and
provisions
on
patent
dealings
and
compulsory
licences;
and
(e)
Part
5
contains
provisions
relating
to
the
patents
regis-
ter
,
the
Commissioner
,
the
Māori
advisory
committee,
and
other
administrative
and
miscellaneous
matters.
15
Part
1
s
5
Patents
Act
2013
2013
No
68
(2)
Subsection
(1)
is
intended
only
as
a
guide
to
the
general
scheme
and
ef
fect
of
this
Act.
(3)
The
Patents
Act
1953
continues
to
govern
patent
attorneys
and
their
registration.
Interpr
etation
5
Interpr
etation
(1)
In
this
Act,
unless
the
context
otherwise
requires,—
applicant
—
(a)
means
a
person
who
has
applied
for
a
patent
for
an
in-
vention;
and
(b)
includes
a
person
in
whose
favour
a
direction
has
been
given
under
section
28(2)(b)(i)
,
129
,
or
131(1)(a)
and
the
personal
representative
of
a
deceased
applicant
assignee
includes
the
personal
representative
of
a
deceased
as-
signee;
and
references
to
the
assignee
of
any
person
include
references
to
the
assignee
of
the
personal
representative
or
as-
signee
of
that
person
basic
application
means
an
application
for
protection
in
re-
spect
of
an
invention,
being
an
application
that
is
made
in
a
convention
country
(whether
before
or
after
it
became
a
con-
vention
country)
Budapest
T
r
eaty
—
(a)
means
the
Budapest
T
reaty
on
the
International
Recog-
nition
of
the
Deposit
of
Microor
ganisms
for
the
Purposes
of
Patent
Procedure
signed
at
Budapest
on
28
April
1977,
together
with
the
regulations
annexed
to
that
treaty;
and
(b)
includes
any
amendments,
modifications,
and
revisions
from
time
to
time
made
to
that
treaty
or
those
regula-
tions,
being
amendments,
modifications,
and
revisions
to
which
New
Zealand
is
a
party
and
by
which
New
Zealand
is
bound
claim
means
a
claim
of
the
complete
specification
Commissioner
—
(a)
means
the
Commissioner
of
Patents
appointed
under
section
217
;
and
16
2013
No
68
Patents
Act
2013
Part
1
s
5
(b)
includes
an
Assistant
Commissioner
of
Patents
ap-
pointed
under
section
217
convention
applicant
,
in
relation
to
a
basic
application,
means
a
person
who—
(a)
has
made
the
basic
application;
or
(b)
is
the
assignee
of
the
person
who
made
the
basic
appli-
cation;
or
(c)
is
the
personal
representative
of
a
person
mentioned
in
paragraph
(a)
or
(b);
or
(d)
has
the
consent
of
a
person
mentioned
in
paragraph
(a),
(b),
or
(c)
to
make
a
convention
application
based
on
that
basic
application
convention
application
means
a
patent
application
made
under
section
53(1)
convention
country
,
in
a
provision
of
this
Act,
means
an
en-
tity
for
the
time
being
declared
by
an
order
made
under
section
246
to
be
a
convention
country
for
the
purposes
of
that
provi-
sion
court
means
the
High
Court
date
of
the
publication
of
the
accepted
complete
specifica-
tion
has
the
meaning
set
out
in
section
74
depositary
institution
means
a
body
or
institution
that
re-
ceives,
accepts,
and
stores
micro
-
or
ganisms
and
furnishes
samples
of
micro
-
or
ganisms
exclusive
licence
means
a
licence
from
a
patentee
that
gives
the
licensee
(or
the
licensee
and
persons
authorised
by
the
li-
censee)
any
of
the
patentee’
s
exclusive
rights
under
section
18
to
the
exclusion
of
the
patentee
and
all
other
persons
exploit
has
the
meaning
set
out
in
section
18
file
means
file
with
the
Commissioner
filing
date
,
in
relation
to
a
document
filed
under
this
Act,
means—
(a)
the
date
on
which
the
document
is
filed;
or
(b)
the
date
on
which
the
document
is
treated
as
having
been
filed
(if
it
is
treated
under
this
Act
or
the
regula-
tions
as
having
been
filed
on
a
dif
ferent
date)
17
Part
1
s
5
Patents
Act
2013
2013
No
68
government
department
means
any
department
or
instru-
ment
of
the
Executive
Government
of
New
Zealand,
or
any
branch
or
division
of
any
of
those
departments
or
instruments
integrated
cir
cuit
means
a
circuit,
in
its
final
or
an
intermedi-
ate
form,
if—
(a)
the
elements
of
the
circuit
and
some
or
all
of
the
inter
-
connections
are
integrally
formed
in
or
on
a
piece
of
material;
and
(b)
at
least
one
of
the
elements
of
the
circuit
is
an
active
element;
and
(c)
the
circuit
is
intended
to
perform
an
electronic
function
inter
ested
party
,
in
relation
to
a
patent
application,
means
the
applicant
or
a
joint
applicant,
or
a
person
who
claims
to
be
entitled
to
the
grant
of
a
patent
on
the
application,
either
alone
or
jointly
with
another
person
international
application
means
an
application
made
under
the
Patent
Cooperation
T
reaty
for
the
protection
of
an
inven-
tion
International
Bur
eau
means
the
International
Bureau
of
the
W
orld
Intellectual
Property
Or
ganization
international
depositary
authority
has
the
same
meaning
as
in
the
Budapest
T
reaty
international
filing
date
means
the
international
filing
date
given
to
an
international
application
under
Article
1
1
or
14(2)
of
the
Patent
Cooperation
T
reaty
inventive
step
has
the
meaning
set
out
in
section
7
inventor
,—
(a)
in
relation
to
an
invention,
means
the
actual
deviser
of
the
invention;
but
(b)
in
section
9
,
has
the
meaning
set
out
in
section
9(2)
IPONZ
means
the
Intellectual
Property
Of
fice
of
New
Zealand
journal
means
the
journal
published
under
section
206
licence
means
a
licence
to
do
anything
that
the
patentee
other
-
wise
has
the
exclusive
right
to
do
under
section
18
main
invention
has
the
meaning
set
out
in
section
106
18
2013
No
68
Patents
Act
2013
Part
1
s
5
Māori
advisory
committee
means
the
committee
appointed
under
section
225
Minister
means
the
Minister
of
the
Crown
who,
under
the
au-
thority
of
any
warrant
or
with
the
authority
of
the
Prime
Min-
ister
,
is
for
the
time
being
responsible
for
the
administration
of
this
Act
Ministry
means
the
department
of
State
that,
with
the
author
-
ity
of
the
Prime
Minister
,
is
for
the
time
being
responsible
for
the
administration
of
this
Act
nominated
person
,
in
relation
to
a
patent
application,
means
the
person
identified
as
the
person
to
whom
the
patent
is
to
be
granted
novel
has
the
meaning
set
out
in
section
6
patent
means
letters
patent
for
an
invention
patent
application
means
an
application
for
a
patent
under
this
Act
patent
ar
ea
means—
(a)
New
Zealand;
and
(b)
all
waters
within
the
outer
limits
of
the
territorial
sea
of
New
Zealand
(as
defined
by
section
3
of
the
T
erritorial
Sea,
Contiguous
Zone,
and
Exclusive
Economic
Zone
Act
1977);
and
(c)
the
airspace
above
New
Zealand
and
those
waters
patent
attorney
means
a
patent
attorney
registered
under
sec-
tion
100
of
the
Patents
Act
1953
Patent
Cooperation
T
r
eaty
—
(a)
means
the
Patent
Cooperation
T
reaty
signed
at
W
ash-
ington
on
19
June
1970;
and
(b)
includes
any
amendments,
modifications,
and
revisions
from
time
to
time
made
to
that
T
reaty
,
being
amend-
ments,
modifications,
and
revisions
to
which
New
Zealand
is
a
party
and
by
which
New
Zealand
is
bound
patent
date
,
in
relation
to
a
patent,
means
the
date
given
to
the
patent
under
section
103
patent
of
addition
means
a
patent
granted
under
sections
106
to
1
1
1
patentable
invention
has
the
meaning
set
out
in
section
14
19
Part
1
s
5
Patents
Act
2013
2013
No
68
patented
pr
ocess
means
a
process
for
which
a
patent
has
been
granted
and
is
in
force
patented
pr
oduct
means
a
product
for
which
a
patent
has
been
granted
and
is
in
force
patentee
means
the
person
entered
in
the
patents
register
as
the
grantee
or
owner
of
a
patent
at
the
relevant
time
patents
r
egister
means
the
patents
register
kept
under
section
194
personal
r
epr
esentative
,
in
relation
to
a
deceased
person,—
(a)
means
a
person
to
whom
probate
of
the
will
of
the
de-
ceased
person,
letters
of
administration
of
the
estate
of
the
deceased
person,
or
any
other
similar
grant,
has
been
granted,
whether
in
New
Zealand
or
anywhere
else;
but
(b)
does
not
include
a
person
referred
to
in
paragraph
(a)
if,
under
the
terms
of
the
grant,
the
person
is
not
entitled
to
do
an
act
in
relation
to
which
the
expression
is
used
pr
escribed
means
prescribed
by
regulations
pr
escribed
depositary
institution
means—
(a)
an
international
depositary
authority
,
whether
in
or
out-
side
New
Zealand;
or
(b)
any
other
depositary
institution
in
New
Zealand
that
is
prescribed
for
the
purposes
of
this
paragraph
prior
art
base
has
the
meaning
set
out
in
section
8
,
and
prior
art
has
a
corresponding
meaning
priority
date
,
in
relation
to
a
claim,
means
the
priority
date
given
to
the
claim
under
subpart
5
of
Part
3
publicly
notify
,
in
relation
to
the
Commissioner
,
has
the
meaning
set
out
in
subsection
(3)
publish
,
in
relation
to
the
Commissioner
publishing
anything
in
the
journal,
has
the
meaning
set
out
in
subsection
(4)
r
eceiving
Office
has
the
same
meaning
as
in
Article
2(xv)
of
the
Patent
Cooperation
T
reaty
r
egister
of
patent
attorneys
or
patent
attorneys
r
egister
means
the
register
kept
under
the
Patents
Act
1953
r
egulations
means
regulations
in
force
under
this
Act
20
2013
No
68
Patents
Act
2013
Part
1
s
5
r
elevant
pr
oceeding
,
in
relation
to
a
patent,
means
a
court
proceeding—
(a)
for
infringement
of
the
patent;
or
(b)
for
the
revocation
of
the
patent;
or
(c)
in
which
the
validity
of
the
patent,
or
of
a
claim,
is
in
dispute
rules
r
elating
to
micr
o
-
organisms
means—
(a)
the
provisions
of
the
Budapest
T
reaty
that
are
applic-
able;
and
(b)
the
provisions
of
the
regulations
that
relate
to
micro
-
or
ganisms
Statute
of
Monopolies
means
the
Act
of
the
21st
year
of
the
reign
of
King
James
the
First,
chapter
3,
being
an
Act
con-
cerning
monopolies
and
dispensations
with
penal
laws
and
the
forfeiture
thereof
T
r
eaty
application
means
an
international
application—
(a)
that
contains
a
request
specifying
New
Zealand
as
a
des-
ignated
State
under
Article
4(1)(ii)
of
the
Patent
Co-
operation
T
reaty;
and
(b)
that
has
been
given
an
international
filing
date
T
r
eaty
r
egulations
—
(a)
means
the
regulations
made
under
the
Patent
Cooper
-
ation
T
reaty;
and
(b)
includes
any
amendments
from
time
to
time
made
to
those
regulations
TRIPS
agr
eement
means
the
W
orld
T
rade
Or
ganization
Agreement
on
T
rade
-
Related
Aspects
of
Intellectual
Property
Rights
done
at
Marrakesh
on
15
April
1994
useful
has
the
meaning
set
out
in
section
10
.
(2)
In
the
case
of
an
entity
that
is
a
convention
country
but
is
not
a
State,
part
of
a
State,
or
a
territory
for
whose
international
relations
a
State
is
responsible,—
(a)
a
reference
in
this
Act
to
an
application
for
protection
in
a
country
or
an
application
for
protection
in
respect
of
a
country
must
be
read
as
a
reference
to
an
application
for
protection
under
the
rules
of
the
entity;
and
21
Part
1
s
6
Patents
Act
2013
2013
No
68
(b)
a
reference
in
this
Act
to
filing
a
specification
in
a
con-
vention
country
must
be
read
as
a
reference
to
filing
a
specification
under
the
rules
of
the
entity;
and
(c)
a
reference
in
this
Act
to
the
law
of
a
convention
country
must
be
read
as
a
reference
to
the
rules
of
the
entity;
and
(d)
a
reference
in
this
Act
to
the
Government
of
a
conven-
tion
country
must
be
read
as
a
reference
to
the
governing
body
of
the
entity
.
(3)
The
Commissioner
may
comply
with
any
requirement
in
this
Act
for
the
Commissioner
to
publicly
notify
anything
by—
(a)
publishing
it
on
an
Internet
site
maintained
for
IPONZ’
s
purposes;
and
(b)
if
the
Commissioner
thinks
fit,
also
publishing
it
by
any
other
means
that
the
Commissioner
considers
appropri-
ate
to
make
it
known
to
persons
that
are
likely
to
have
an
interest
in
the
matter
.
(4)
Any
requirement
in
this
Act
for
the
Commissioner
to
publish
anything
in
the
journal
requires
the
Commissioner
to
publish
that
matter
in
the
journal
in
the
manner
required
by
the
regu-
lations
(if
any).
(5)
An
example
used
in
this
Act
has
the
following
status:
(a)
the
example
is
only
illustrative
of
the
provision
to
which
it
relates
and
does
not
limit
the
provision;
and
(b)
if
the
example
and
the
provision
to
which
it
relates
are
inconsistent,
the
provision
prevails.
Compare:
1953
No
64
s
2
6
Meaning
of
novel
An
invention,
so
far
as
claimed
in
a
claim,
is
novel
if
it
does
not
form
part
of
the
prior
art
base.
Compare:
Patents
Act
1977
s
2(1)
(UK)
7
Meaning
of
inventive
step
An
invention,
so
far
as
claimed
in
a
claim,
involves
an
inven-
tive
step
if
it
is
not
obvious
to
a
person
skilled
in
the
art,
having
regard
to
any
matter
which
forms
part
of
the
prior
art
base.
Compare:
Patents
Act
1977
s
3
(UK)
22
2013
No
68
Patents
Act
2013
Part
1
s
9
8
Meaning
of
prior
art
base
(1)
For
the
purpose
of
deciding
whether
or
not
an
invention
is
novel
and
for
the
purpose
of
deciding
whether
or
not
an
inven-
tion
involves
an
inventive
step,
the
prior
art
base
,
in
relation
to
an
invention
so
far
as
claimed
in
a
claim,
means
all
mat-
ter
(whether
a
product,
a
process,
information
about
a
product
or
process,
or
anything
else)
that
has
at
any
time
before
the
priority
date
of
that
claim
been
made
available
to
the
public
(whether
in
New
Zealand
or
elsewhere)
by
written
or
oral
de-
scription,
by
use,
or
in
any
other
way
.
(2)
For
the
purpose
of
deciding
whether
or
not
an
invention
is
novel,
the
prior
art
base
,
in
relation
to
an
invention
so
far
as
claimed
in
a
claim,
also
includes
the
information
contained
in
a
complete
specification
filed
in
respect
of
another
patent
application
if
all
of
the
following
circumstances
apply:
(a)
if
the
information
is,
or
were
to
be,
the
subject
of
a
claim
of
that
complete
specification,
the
claim
has,
or
would
have,
a
priority
date
earlier
than
that
of
the
claim
under
consideration;
and
(b)
that
complete
specification
became
open
to
public
in-
spection
after
the
priority
date
of
the
claim
under
con-
sideration;
and
(c)
the
information
was
contained
in
that
complete
speci-
fication
on
its
filing
date
and
when
it
became
open
to
public
inspection.
Compare:
Patents
Act
1977
s
2(2)
(UK)
9
Disclosur
e
to
be
disr
egarded
in
certain
cir
cumstances
(1)
For
the
purposes
of
section
8,
the
disclosure
of
matter
con-
stituting
an
invention
must
be
disregarded
if
1
or
more
of
the
following
applies:
(a)
that
disclosure
occurred
during
the
1
-
year
period
im-
mediately
preceding
the
filing
date
of
the
patent
appli-
cation
and
the
disclosure
was
due
to,
or
made
in
conse-
quence
of,
the
matter
having
been
obtained
unlawfully
or
in
breach
of
confidence
by
a
person
from—
(i)
the
inventor;
or
(ii)
any
other
person
to
whom
the
matter
was
made
available
in
confidence
by
the
inventor;
or
23
Part
1
s
9
Patents
Act
2013
2013
No
68
(iii)
any
other
person
who
obtained
it
from
the
inven-
tor
because
the
person
or
the
inventor
believed
that
the
person
was
entitled
to
obtain
it;
or
(iv)
any
other
person
to
whom
the
matter
was
made
available
in
confidence
by
any
person
referred
to
in
subparagraphs
(i)
to
(iii)
or
in
this
subpara-
graph;
or
(v)
any
other
person
who
obtained
it
from
any
person
mentioned
in
subparagraphs
(i)
to
(iv)
because
the
person
or
the
person
from
whom
the
person
obtained
it
believed
that
the
person
was
entitled
to
obtain
it:
(b)
that
disclosure
occurred
during
the
1
-
year
period
imme-
diately
preceding
the
filing
date
of
the
patent
application
and
the
disclosure
was
made
in
breach
of
confidence
by
a
person
who
obtained
the
matter
in
confidence
from
the
inventor
or
from
any
other
person
to
whom
it
was
made
available
by
,
or
who
obtained
it
from,
the
inventor:
(c)
that
disclosure
was
due
to
the
communication
of
the
matter
to
a
government
department
or
to
any
person
au-
thorised
by
a
government
department
to
investigate
the
invention
or
its
merits,
or
to
anything
done,
in
conse-
quence
of
that
communication,
for
the
purpose
of
the
investigation:
(d)
that
disclosure
occurred
during
the
6
-
month
period
im-
mediately
preceding
the
filing
date
of
the
patent
appli-
cation
and
that
disclosure
was
due
to,
or
made
in
con-
sequence
of,—
(i)
the
display
of
the
invention
with
the
consent
of
the
inventor
at
a
specified
exhibition;
or
(ii)
the
use
of
the
invention
with
the
consent
of
the
inventor
for
the
purposes
of
a
specified
exhibition
in
the
place
where
it
is
held;
or
(iii)
the
publication
of
any
description
of
the
inven-
tion
in
consequence
of
its
display
or
use
at
a
spe-
cified
exhibition
as
referred
to
in
subparagraph
(i)
or
(ii);
or
(iv)
the
use
of
the
invention,
after
it
has
been
dis-
played
or
used
at
a
specified
exhibition
as
re-
24
2013
No
68
Patents
Act
2013
Part
1
s
1
1
ferred
to
in
subparagraphs
(i)
and
(ii)
and
during
the
period
of
the
exhibition,
by
any
person
with-
out
the
consent
of
the
inventor:
(e)
that
disclosure
was
due
to,
or
made
in
consequence
of,
the
invention
being
publicly
worked,
at
any
time
dur
-
ing
the
1
-
year
period
immediately
preceding
the
filing
date
of
the
patent
application,
by
any
of
the
following
persons
if
the
working
was
ef
fected
for
the
purpose
of
reasonable
trial
only
and
if
it
was
reasonably
necessary
,
having
regard
to
the
nature
of
the
invention,
that
the
working
for
that
purpose
should
be
ef
fected
in
public:
(i)
the
patentee
or
nominated
person:
(ii)
any
person
from
whom
the
patentee
or
nominated
person
derives
title:
(iii)
any
person
with
the
consent
of
the
patentee
or
nominated
person:
(iv)
any
person
with
the
consent
of
any
person
from
whom
the
patentee
or
nominated
person
derives
title.
(2)
For
the
purposes
of
this
section,—
inventor
,
in
relation
to
an
invention,—
(a)
means
the
actual
deviser
of
the
invention;
and
(b)
includes
any
owner
of
the
invention
at
the
relevant
time
specified
exhibition
means
an
exhibition
(whether
held
in
New
Zealand
or
elsewhere)
that
is
declared
to
be
an
inter
-
national
or
industrial
exhibition
by
the
Commissioner
in
a
notice
that
is
publicly
notified.
Compare:
1953
No
64
s
60
;
Patents
Act
1977
s
2(4),
(5)
(UK)
10
Meaning
of
useful
An
invention,
so
far
as
claimed
in
a
claim,
is
useful
if
the
invention
has
a
specific,
credible,
and
substantial
utility
.
1
1
Computer
pr
ograms
(1)
A
computer
program
is
not
an
invention
and
not
a
manner
of
manufacture
for
the
purposes
of
this
Act.
(2)
Subsection
(1)
prevents
anything
from
being
an
invention
or
a
manner
of
manufacture
for
the
purposes
of
this
Act
only
to
25
Part
1
s
1
1
Patents
Act
2013
2013
No
68
the
extent
that
a
claim
in
a
patent
or
an
application
relates
to
a
computer
program
as
such.
(3)
A
claim
in
a
patent
or
an
application
relates
to
a
computer
program
as
such
if
the
actual
contribution
made
by
the
alleged
invention
lies
solely
in
it
being
a
computer
program.
Examples
A
process
that
may
be
an
invention
A
claim
in
an
application
provides
for
a
better
method
of
washing
clothes
when
using
an
existing
washing
machine.
That
method
is
implemented
through
a
computer
program
on
a
computer
chip
that
is
inserted
into
the
washing
machine.
The
computer
program
controls
the
operation
of
the
washing
machine.
The
washing
ma-
chine
is
not
materially
altered
in
any
way
to
perform
the
invention.
The
Commissioner
considers
that
the
actual
contribution
is
a
new
and
improved
way
of
operating
a
washing
machine
that
gets
clothes
cleaner
and
uses
less
electricity
.
While
the
only
thing
that
is
dif
ferent
about
the
washing
machine
is
the
computer
program,
the
actual
contribution
lies
in
the
way
in
which
the
washing
machine
works
(rather
than
in
the
computer
program
per
se).
The
computer
program
is
only
the
way
in
which
that
new
method,
with
its
resulting
contribution,
is
implemented.
The
actual
contribution
does
not
lie
solely
in
it
being
a
computer
program.
Accordingly
,
the
claim
involves
an
invention
that
may
be
patented
(namely
,
the
washing
machine
when
using
the
new
method
of
washing
clothes).
A
process
that
is
not
an
invention
An
inventor
has
developed
a
process
for
automatically
complet-
ing
the
legal
documents
necessary
to
register
an
entity
.
The
claimed
process
involves
a
computer
asking
questions
of
a
user
.
The
answers
are
stored
in
a
database
and
the
information
is
processed
using
a
computer
program
to
produce
the
required
legal
documents,
which
are
then
sent
to
the
user
.
The
hardware
used
is
conventional.
The
only
novel
aspect
is
the
computer
program.
The
Commissioner
considers
that
the
actual
contribution
of
the
claim
lies
solely
in
it
being
a
computer
program.
The
mere
exe-
cution
of
a
method
within
a
computer
does
not
allow
the
method
to
be
patented.
Accordingly
,
the
process
is
not
an
invention
for
the
purposes
of
the
Act.
(4)
The
Commissioner
or
the
court
(as
the
case
may
be)
must,
in
identifying
the
actual
contribution
made
by
the
alleged
inven-
tion,
consider
the
following:
26
2013
No
68
Patents
Act
2013
Part
2
s
14
(a)
the
substance
of
the
claim
(rather
than
its
form
and
the
contribution
alleged
by
the
applicant)
and
the
actual
contribution
it
makes:
(b)
what
problem
or
other
issue
is
to
be
solved
or
addressed:
(c)
how
the
relevant
product
or
process
solves
or
addresses
the
problem
or
other
issue:
(d)
the
advantages
or
benefits
of
solving
or
addressing
the
problem
or
other
issue
in
that
manner:
(e)
any
other
matters
the
Commissioner
or
the
court
thinks
relevant.
(5)
T
o
avoid
doubt,
a
patent
must
not
be
granted
for
anything
that
is
not
an
invention
and
not
a
manner
of
manufacture
under
this
section.
Act
binds
the
Cr
own
12
Act
binds
the
Cr
own
This
Act
binds
the
Crown.
Part
2
Patentable
inventions
and
patent
rights
Subpart
1—
Patentable
inventions
General
rules
concerning
what
is
patentable
13
Patent
may
be
granted
for
patentable
inventions
only
(1)
A
patent
may
be
granted
for
an
invention
only
if
it
is
a
patentable
invention.
(2)
This
section
is
subject
to
section
1
1
1
(which
relates
to
patents
of
addition).
14
Patentable
inventions
An
invention
is
a
patentable
invention
if
the
invention,
so
far
as
claimed
in
a
claim,—
(a)
is
a
manner
of
manufacture
within
the
meaning
of
sec-
tion
6
of
the
Statute
of
Monopolies;
and
(b)
when
compared
with
the
prior
art
base—
(i)
is
novel;
and
(ii)
involves
an
inventive
step;
and
(c)
is
useful;
and
27
Part
2
s
15
Patents
Act
2013
2013
No
68
(d)
is
not
excluded
from
being
a
patentable
invention
under
section
15
or
16
.
Compare:
Patents
Act
1990
s
18(1)
(Aust)
Exclusions
fr
om
patentability
15
Inventions
contrary
to
public
order
or
morality
not
patentable
inventions
(1)
An
invention
is
not
a
patentable
invention
if
the
commercial
exploitation
of
the
invention,
so
far
as
claimed
in
a
claim,
is
contrary
to—
(a)
public
order
(which
in
this
section
has
the
same
mean-
ing
as
the
term
or
dr
e
public
as
used
in
Article
27.2
of
the
TRIPS
agreement);
or
(b)
morality
.
Examples
The
commercial
exploitation
of
the
following
inventions
is
con-
trary
to
public
order
or
morality
and,
accordingly
,
those
inventions
are
not
patentable:
•
an
invention
that
is
a
process
for
cloning
human
beings:
•
an
invention
that
is
a
process
for
modifying
the
germ
line
genetic
identity
of
human
beings:
•
an
invention
that
involves
the
use
of
human
embryos
for
industrial
or
commercial
purposes:
•
an
invention
that
is
a
process
for
modifying
the
genetic
identity
of
animals
that
is
likely
to
cause
them
suf
fering
without
any
substantial
medical
benefit
to
human
beings
or
animals,
or
an
invention
that
is
an
animal
resulting
from
such
a
process.
(2)
For
the
purposes
of
subsection
(1),
commercial
exploitation
must
not
be
regarded
as
contrary
to
public
order
or
moral-
ity
only
because
it
is
prohibited
by
any
law
in
force
in
New
Zealand.
(3)
The
Commissioner
may
,
for
the
purpose
of
making
a
decision
under
this
section,
seek
advice
from
the
Māori
advisory
com-
mittee
or
any
person
that
the
Commissioner
considers
appro-
priate.
Compare:
Patents
Act
1977
s
1(3),
(4)
(UK)
28
2013
No
68
Patents
Act
2013
Part
2
s
18
16
Other
exclusions
(1)
Human
beings,
and
biological
processes
for
their
generation,
are
not
patentable
inventions.
(2)
An
invention
of
a
method
of
treatment
of
human
beings
by
sur
gery
or
therapy
is
not
a
patentable
invention.
(3)
An
invention
of
a
method
of
diagnosis
practised
on
human
beings
is
not
a
patentable
invention.
(4)
A
plant
variety
is
not
a
patentable
invention.
(5)
For
the
purposes
of
subsection
(4),
plant
variety
has
the
same
meaning
as
that
given
to
the
term
variety
in
section
2
of
the
Plant
V
ariety
Rights
Act
1987.
Subpart
2—
Patent
rights
17
Natur
e
of
patent
(1)
A
patent
is
personal
property
.
(2)
Equities
in
respect
of
a
patent
may
be
enforced
in
the
same
way
as
equities
in
respect
of
any
other
personal
property
.
Compare:
1953
No
64
s
84(4)
;
2002
No
49
s
9
18
Exclusive
rights
given
by
patent
(1)
A
patent
gives
the
patentee
the
exclusive
rights,
during
the
term
of
the
patent,
to
exploit
the
invention
and
to
authorise
another
person
to
exploit
the
invention.
(2)
In
this
Act,
exploit
,
in
relation
to
an
invention,
includes,—
(a)
if
the
invention
is
a
product,
to—
(i)
make,
hire,
sell,
or
otherwise
dispose
of
the
prod-
uct;
or
(ii)
of
fer
to
make,
hire,
sell,
or
otherwise
dispose
of
the
product;
or
(iii)
use
or
import
the
product;
or
(iv)
keep
the
product
for
the
purpose
of
doing
any
of
the
things
referred
to
in
subparagraphs
(i)
to
(iii);
or
(b)
if
the
invention
is
a
process,
to
use
the
process
or
to
do
any
act
mentioned
in
paragraph
(a)
in
respect
of
a
product
resulting
from
that
use.
29
Part
2
s
19
Patents
Act
2013
2013
No
68
(3)
This
section
is
subject
to
subparts
5
and
6
of
Part
4
(which
re-
late
to
compulsory
licences
and
the
use
of
patented
inventions
for
services
of
the
Crown).
Compare:
Patents
Act
1990
s
13
(Aust)
19
Extent,
effect,
and
form
of
patent
(1)
A
patent
has
ef
fect
throughout
the
patent
area.
(2)
However
,
a
patent
may
be
assigned
for
any
place
in,
or
part
of,
the
patent
area
as
ef
fectively
as
if
it
were
granted
so
as
to
extend
to
that
place
or
part
only
.
(3)
A
patent
has
the
same
ef
fect
against
the
Crown
as
it
has
against
a
subject.
(4)
Subsection
(3)
is
subject
to
the
provisions
of
this
Act
and
to
section
7(3)
of
the
Crown
Proceedings
Act
1950.
(5)
A
patent
must
be
in
the
form
approved
by
the
Commissioner
(which
may
be
electronic)
and
contain
the
prescribed
informa-
tion.
Compare:
1953
No
64
s
29(1)–(3)
20
T
erm
of
patent
(1)
The
term
of
every
patent
is
20
years
from
the
patent
date.
(2)
However
,
a
patent
ceases
to
have
ef
fect
on
the
expiry
of
the
period
prescribed
for
the
payment
of
any
renewal
fee
if
that
fee
is
not
paid
within
that
period
or
within
that
period
as
extended
under
section
21.
(3)
Subsection
(2)
applies
despite
anything
in
the
patent
or
any
other
provision
in
this
Act.
Compare:
1953
No
64
s
30(3),
(4)
21
Extension
of
period
for
paying
r
enewal
fees
(1)
A
patentee
may
request,
in
the
prescribed
manner
(if
any),
that
the
prescribed
period
for
the
payment
of
a
renewal
fee
be
extended
to
any
date
that
is
not
more
than
6
months
after
the
expiry
of
the
prescribed
period.
(2)
The
Commissioner
must
extend
the
prescribed
period
for
the
payment
of
the
renewal
fee
to
the
date
requested
under
sub-
section
(1)
if,
before
that
date,—
(a)
the
request
under
subsection
(1)
is
made;
and
30
2013
No
68
Patents
Act
2013
Part
2
s
24
(b)
the
renewal
fee
is
paid;
and
(c)
the
prescribed
penalty
(if
any)
is
paid.
Compare:
1953
No
64
s
30(4),
(5)
Subpart
3—
Patent
ownership
Who
may
be
granted
patent
22
Who
may
be
granted
patent
(1)
A
patent
for
an
invention
may
only
be
granted
to
a
person
who—
(a)
is
the
inventor;
or
(b)
derives
title
to
the
invention
from
the
inventor;
or
(c)
is
the
personal
representative
of
a
deceased
person
men-
tioned
in
paragraph
(a)
or
(b).
(2)
A
patent
may
be
granted
to
a
person
whether
or
not
the
person
is
a
New
Zealand
citizen.
Compare:
Patents
Act
1990
s
15
(Aust)
Power
of
patentee
to
deal
with
patent
23
Power
of
patentee
to
deal
with
patent
(1)
A
patentee
may
(subject
to
any
rights
vested
in
other
persons
that
are
entered
in
the
patents
register)
deal
with
the
patent
as
the
absolute
owner
of
it
and
give
good
dischar
ges
for
any
consideration
for
that
dealing.
(2)
This
section
does
not
protect
a
person
who
deals
with
a
pa-
tentee
otherwise
than
as
a
purchaser
in
good
faith
for
value
and
without
notice
of
any
fraud
on
the
part
of
the
patentee.
(3)
This
section
is
subject
to
section
17(2)
.
Compare:
Patents
Act
1990
s
189(1),
(2)
(Aust)
Co-owners
of
patent
24
Co-ownership
of
patent
(1)
If
a
patent
is
granted
to
2
or
more
persons,
each
of
those
per
-
sons
is
entitled
to
an
equal
undivided
share
in
the
patent.
(2)
If
2
or
more
persons
are
patentees
of
the
patent,
each
of
those
persons
is
entitled
to
exercise
the
exclusive
rights
given
by
the
patent
for
the
person’
s
own
benefit
without
accounting
to
the
others.
31
Part
2
s
25
Patents
Act
2013
2013
No
68
(3)
However
,
a
licence
under
a
patent
must
not
be
granted,
and
a
share
in
a
patent
must
not
be
assigned,
except
with
the
consent
of
all
patentees
of
the
patent
(other
than
the
licensor
or
assig-
nor).
(4)
Subsections
(1)
to
(3)
are
subject
to
any
agreement
to
the
con-
trary
between
the
patentees
of
the
patent.
(5)
This
section
is
subject
to
any
direction
of
the
Commissioner
under
section
26
.
(6)
Nothing
in
subsection
(1)
or
(2)
af
fects
the
mutual
rights
or
obligations
of
trustees
or
of
the
personal
representatives
of
a
deceased
person,
or
their
rights
or
obligations
as
trustees
or
personal
representatives.
Compare:
1953
No
64
s
63(1)–(3),
(5)
25
Rights
of
buyers
fr
om
co-owners
of
patent
If
a
patented
product,
or
a
product
of
a
patented
process,
is
sold
by
any
of
2
or
more
persons
who
are
patentees
of
a
patent,
the
buyer
,
and
a
person
claiming
through
the
buyer
,
may
deal
with
the
product
as
if
the
product
had
been
sold
by
all
of
the
patentees.
Compare:
1953
No
64
s
63(4)
;
Patents
Act
1990
s
16(2)
(Aust)
26
Power
of
Commissioner
to
give
dir
ections
to
co-owners
(1)
If
2
or
more
persons
are
patentees
of
a
patent,
the
Commis-
sioner
may
,
on
the
request
of
any
of
them
in
the
prescribed
manner
,
give
any
directions
in
accordance
with
the
request
that
the
Commissioner
thinks
fit.
(2)
The
directions
under
subsection
(1)
must
relate
to—
(a)
the
sale
or
lease
of
the
patent
or
any
interest
in
it;
or
(b)
the
grant
of
licences;
or
(c)
the
exercise
of
any
right
under
section
24
in
relation
to
the
patent.
(3)
If
any
patentee
fails
to
do
anything
required
to
carry
out
a
di-
rection
given
under
subsection
(1)
within
14
days
after
being
asked
in
writing
to
do
so
by
any
of
the
other
patentees,
the
Commissioner
may
,
on
the
request
of
any
of
them
in
the
pre-
32
2013
No
68
Patents
Act
2013
Part
2
s
28
scribed
manner
,
direct
a
person
to
do
that
thing
in
the
name
and
on
behalf
of
the
person
in
default.
Compare:
1953
No
64
s
64(1),
(2)
27
Miscellaneous
pr
ovisions
concerning
dir
ections
(1)
Before
giving
a
direction
under
section
26
,
the
Commissioner
must—
(a)
give
a
reasonable
opportunity
to
be
heard,—
(i)
in
the
case
of
a
request
under
section
26(1)
,
to
the
patentees
of
the
patent;
and
(ii)
in
the
case
of
a
request
under
section
26(3)
,
to
the
person
in
default;
and
(b)
have
regard
to
the
terms
of
any
agreement
between
the
patentees
of
the
patent
that
are
brought
to
the
Commis-
sioner
’
s
notice.
(2)
The
Commissioner
must
not
give
a
direction
that—
(a)
af
fects
the
mutual
rights
or
obligations
of
trustees
or
of
the
personal
representatives
of
a
deceased
person,
or
their
rights
or
obligations
as
trustees
or
personal
repre-
sentatives;
or
(b)
is
inconsistent
with
the
terms
of
an
agreement
between
the
patentees
of
the
patent.
Compare:
1953
No
64
s
64(3),
(5)
;
Patents
Act
1990
s
17(3),
(4)
(Aust)
Disputes
as
to
inventions
made
by
employees
28
Disputes
as
to
inventions
made
by
employees
(1)
This
section
and
sections
29
and
30
apply
if
a
dispute
arises
between
an
employer
and
a
person
who
is,
or
was
at
the
mater
-
ial
time,
his,
her
,
or
its
employee
as
to
the
rights
of
the
parties
in
respect
of—
(a)
an
invention
made
by
the
employee,
either
alone
or
jointly
with
any
other
person;
or
(b)
any
patent
granted,
or
to
be
granted,
in
respect
of
an
invention
referred
to
in
paragraph
(a).
(2)
The
Commissioner
may
,
on
a
request
made
to
him
or
her
in
the
prescribed
manner
by
either
of
the
parties
and
after
giving
to
each
of
them
a
reasonable
opportunity
to
be
heard,—
(a)
determine
the
matter
in
dispute;
and
33
Part
2
s
29
Patents
Act
2013
2013
No
68
(b)
give
any
directions
that
the
Commissioner
thinks
fit—
(i)
for
enabling
a
patent
application
to
proceed
in
the
name
of
1
or
more
of
the
parties
alone;
or
(ii)
for
regulating
the
manner
in
which
it
is
to
pro-
ceed;
or
(iii)
for
both
of
the
purposes
referred
to
in
subpara-
graphs
(i)
and
(ii);
and
(c)
make
any
orders
for
giving
ef
fect
to
his
or
her
decision
as
he
or
she
considers
expedient.
(3)
However
,
if
it
appears
to
the
Commissioner
that,
in
relation
to
any
request
under
this
section,
the
matter
in
dispute
involves
questions
that
would
more
properly
be
determined
by
the
Au-
thority
,
he
or
she
may
decline
to
deal
with
the
matter
.
(4)
A
decision
of
the
Commissioner
under
this
section
or
sec-
tion
29
has
the
same
ef
fect
as
between
the
parties
and
persons
claiming
under
them
as
a
decision
of
the
Authority
.
(5)
Section
161
of
the
Employment
Relations
Act
2000
does
not
limit
this
section
or
section
29
or
30
.
(6)
The
parties
to
a
dispute
or
review
under
this
section
or
section
29
or
30
are
the
employer
and
employee.
(7)
In
this
section
and
sections
29
and
30
,
Authority
means
the
Employment
Relations
Authority
established
by
section
156
of
the
Employment
Relations
Act
2000.
Compare:
1953
No
64
s
65(1),
(3)
29
Employment
Relations
Authority
or
Commissioner
may
apportion
benefit
of
invention
and
of
patent
(1)
In
proceedings
before
the
Authority
,
or
on
a
request
made
to
the
Commissioner
under
section
28
,
the
Authority
or
Commis-
sioner
may
make
an
order
specified
in
subsection
(2)
(unless
satisfied
that
one
or
other
of
the
parties
is
entitled,
to
the
ex-
clusion
of
the
other
,
to
the
benefit
of
an
invention
made
by
an
employee).
(2)
The
order
referred
to
in
subsection
(1)
is
an
order
providing
for
the
apportionment
between
the
employer
and
employee
of
the
benefit
of
the
invention,
and
of
any
patent
granted
or
to
34
2013
No
68
Patents
Act
2013
Part
3
s
32
be
granted
in
respect
of
the
invention,
in
the
manner
that
the
Authority
or
Commissioner
considers
just.
Compare:
1953
No
64
s
65(2)
30
Review
of
Commissioner
’
s
decision
(1)
A
person
who
is
aggrieved
by
a
decision
of
the
Commissioner
under
section
28
or
29
may
apply
to
the
Authority
for
a
review
of
the
decision.
(2)
An
application
for
review
must
be
made
within—
(a)
20
working
days
after
the
date
of
the
decision;
or
(b)
any
further
time
the
Authority
allows
on
an
application
made
before
or
after
that
period
expires.
(3)
The
Authority—
(a)
may
confirm,
reverse,
or
modify
the
decision
of
the
Commissioner;
and
(b)
may
make
any
other
decision
that
the
Commissioner
could
have
made.
(4)
The
Authority
must
not
review
any
decision
made
under
sec-
tion
28
or
29
,
or
part
of
a
decision
made
under
those
sections,
that
is
not
the
subject
of
an
application
under
subsection
(1).
(5)
A
decision
against
which
an
application
is
made
under
sub-
section
(1)
continues
in
force
pending
the
determination
of
the
review
unless
the
Authority
orders
otherwise.
Compare:
1953
No
64
s
65(4)
Part
3
Pr
ocess
for
obtaining
grant
of
patent
and
other
matters
Subpart
1—
Patent
applications
31
Right
to
apply
for
patent
Any
person
may
apply
for
a
patent
either
alone
or
jointly
with
another
person.
Compare:
Patents
Act
1977
s
7(1)
(UK)
32
Application
r
equir
ements
Every
patent
application
must
be
made
in
accordance
with
this
Act
and
the
manner
prescribed
by
the
regulations.
35
Part
3
s
33
Patents
Act
2013
2013
No
68
33
Commissioner
may
post-date
application
or
specification
(1)
The
Commissioner
may
,
on
the
request
of
the
applicant
in
the
prescribed
manner
(if
any),
direct
that
a
patent
application
be
post
-
dated
to
the
date
that
is
specified
in
the
request.
(2)
The
Commissioner
must
not
exercise
the
power
under
subsec-
tion
(1)
after
the
acceptance
of
the
complete
specification.
(3)
A
patent
application
must
not
be
post
-
dated
under
subsection
(1)
to
a
date
later
than
6
months
after
the
date
that
it
was
actu-
ally
made
or
would,
but
for
subsection
(1),
be
treated
as
having
been
made.
(4)
A
convention
application
must
not
be
post
-
dated
under
sub-
section
(1)
to
a
date
later
than
the
last
date
that,
under
the
pro-
visions
of
this
Act,
the
application
could
have
been
made.
(5)
If
an
application
or
specification
filed
under
this
Act
is
amended
before
acceptance
of
the
complete
specification,
the
Commissioner
may
direct
that
the
application
or
specification
be
post
-
dated
to
the
date
that
the
amendment
is
first
filed.
Compare:
1953
No
64
s
12(3),
(4)
34
Divisional
applications
(1)
If
a
patent
application
has
been
made
(but
has
not
become
void
or
been
abandoned)
(the
par
ent
application
),
the
applicant
may
,
in
the
prescribed
manner
,
make
a
fresh
patent
application
for
any
part
of
the
subject
matter
of
the
parent
application
(the
divisional
application
).
(2)
A
divisional
application
may
only
be
made—
(a)
before
the
acceptance
of
the
complete
specification
for
the
parent
application;
and
(b)
in
accordance
with
any
further
prescribed
requirements
relating
to
the
period
within
which
a
divisional
applica-
tion
may
be
made.
(3)
The
Commissioner
may
direct
that
a
divisional
application
or
a
complete
specification
for
that
application
(or
both)
be
given
an
earlier
date
if—
(a)
a
request
to
that
ef
fect
is
made
in
the
prescribed
manner;
and
36
2013
No
68
Patents
Act
2013
Part
3
s
36
(b)
the
divisional
application
is
only
in
respect
of
subject
matter
that
was
in
substance
disclosed
by
the
parent
ap-
plication
as
filed.
(4)
The
earlier
date
must
not
be
earlier
than,—
(a)
in
the
case
of
the
divisional
application,
the
filing
date
of
the
parent
application;
and
(b)
in
the
case
of
a
complete
specification
for
the
divisional
application,
the
filing
date
of
the
complete
specification
for
the
parent
application.
Compare:
1953
No
64
s
12(5)
35
Applicant
must
pay
maintenance
fee
(1)
An
applicant
must
pay
a
prescribed
maintenance
fee
within
the
period
or
periods
that
are
prescribed
for
the
purposes
of
this
section.
(2)
A
patent
application
must
be
treated
as
having
been
abandoned
if
the
applicant
does
not
comply
with
subsection
(1).
Subpart
2—
Specifications
36
Complete
and
pr
ovisional
specifications
(1)
Every
patent
application
must—
(a)
be
accompanied
by
a
complete
specification
or
a
provi-
sional
specification
unless
the
application
is
a
conven-
tion
application;
and
(b)
be
accompanied
by
a
complete
specification
if
the
ap-
plication
is
a
convention
application.
(2)
The
Commissioner
may
direct
that
a
specification
that
purports
to
be
a
complete
specification
be
treated
as
a
provisional
spe-
cification
if—
(a)
the
applicant
requests,
at
any
time
before
the
acceptance
of
the
specification,
that
the
Commissioner
make
that
direction;
and
(b)
the
patent
application
is
not
a
convention
application.
(3)
A
person
is
not
entitled
to
make
a
request
under
subsection
(2)
if
the
patent
application
and
specification
filed
in
respect
of
the
application
have
become
open
to
public
inspection.
(4)
If
the
Commissioner
makes
a
direction
under
subsection
(2),
the
complete
specification
must
be
treated,
for
the
purposes
of
37
Part
3
s
37
Patents
Act
2013
2013
No
68
this
Act,
to
be,
and
to
have
always
been,
a
provisional
speci-
fication.
(5)
The
Commissioner
may
cancel
a
provisional
specification
and
post
-
date
the
patent
application
to
the
filing
date
of
a
complete
specification
if—
(a)
a
complete
specification
has
been
filed
for
a
patent
ap-
plication
that
was
accompanied
by
a
provisional
spe-
cification
or
by
a
specification
treated
as
a
provisional
specification
under
subsection
(2);
and
(b)
the
applicant
requests,
at
any
time
before
the
acceptance
of
the
complete
specification,
that
the
Commissioner
cancel
the
provisional
specification
and
post
-
date
the
application.
(6)
A
request
under
subsection
(2)
or
(5)
must
be
made
in
the
prescribed
manner
(if
any).
Compare:
1953
No
64
s
9(1),
(4),
(5)
;
Patents
Act
1990
s
37
(Aust)
37
Filing
of
complete
specification
after
pr
ovisional
specification
has
been
filed
(1)
If
a
patent
application
is
accompanied
by
a
provisional
specifi-
cation,
1
or
more
complete
specifications
must
be
filed
within
the
period
allowable
under
subsection
(2).
(2)
The
period
allowable
is—
(a)
the
period
within
12
months
from
the
filing
date
of
the
patent
application;
or
(b)
an
extended
period
not
exceeding
the
prescribed
period
if,
on
or
before
the
date
on
which
the
complete
specifi-
cation
is
filed,—
(i)
a
request
for
an
extension
of
time
in
which
to
file
the
complete
specification
is
made
to
the
Com-
missioner
in
the
prescribed
manner
(if
any);
and
(ii)
the
prescribed
penalty
(if
any)
is
paid.
(3)
A
patent
application
referred
to
in
subsection
(1)
must
be
treated
as
having
been
abandoned
if
a
complete
specification
is
not
filed
within
the
period
allowable
under
subsection
(2).
(4)
If
2
or
more
patent
applications
accompanied
by
provisional
specifications
have
been
filed
for
inventions
that
are
cognate,
or
of
which
one
is
a
modification
of
another
,—
38
2013
No
68
Patents
Act
2013
Part
3
s
39
(a)
a
single
complete
specification
may
be
filed
for
those
applications;
or
(b)
if
more
than
1
complete
specification
has
already
been
filed,
a
single
complete
specification
may
,
with
the
leave
of
the
Commissioner
,
be
proceeded
with
in
respect
of
those
applications.
(5)
Subsection
(4)
is
subject
to
subsections
(1)
to
(3)
and
sections
38
to
45
.
Compare:
1953
No
64
s
9(2),
(3)
38
Contents
of
pr
ovisional
specification
Every
provisional
specification
must—
(a)
describe
the
invention;
and
(b)
include
any
other
prescribed
information.
Compare:
1953
No
64
s
10(1)
39
Contents
of
complete
specification
(1)
Every
complete
specification
must—
(a)
disclose
the
invention
in
a
manner
that
is
clear
enough
and
complete
enough
for
the
invention
to
be
performed
by
a
person
skilled
in
the
art;
and
(b)
disclose
the
best
method
of
performing
the
invention
that
is
known
to
the
applicant
and
for
which
there
is
an
entitlement
to
claim
protection;
and
(c)
end
with
a
claim
or
claims
defining
the
scope
of
the
invention
claimed;
and
(d)
include
any
other
prescribed
information.
(2)
The
claim
or
claims
must—
(a)
relate
to
one
invention
only;
and
(b)
be
clear
and
concise;
and
(c)
be
supported
by
the
matter
disclosed
in
the
complete
specification.
(3)
A
complete
specification
filed
after
a
provisional
specification,
or
filed
with
a
convention
application,
may
include
claims
con-
cerning
developments
of,
or
additions
to,
the
invention
that
was
described
in
the
provisional
specification
or
the
basic
ap-
plication
(as
the
case
may
be)
if
those
developments
or
add-
itions
are
developments
or
additions
for
which
the
nominated
39
Part
3
s
40
Patents
Act
2013
2013
No
68
person
would
be
entitled
to
the
grant
of
a
separate
patent
under
this
Act.
(4)
If
a
complete
specification
claims
a
new
substance,
the
claim
must
not
be
construed
as
extending
to
that
substance
when
found
in
nature.
Compare:
1953
No
64
s
10(1),
(3),
(4),
(6),
(7)
;
Patents
Act
1977
s
14(3),
(5)
(UK)
40
Amendment
of
complete
specification
befor
e
acceptance
(1)
Before
the
acceptance
of
a
complete
specification,
the
appli-
cant
may
,
in
the
prescribed
manner
,
amend
that
specification.
(2)
Subsection
(1)
is
subject
to
section
33(5)
.
(3)
Subpart
8
applies
in
respect
of
amendments
to
a
complete
spe-
cification
after
the
acceptance
of
the
complete
specification.
41
Supply
of
drawings
(1)
Drawings
may
be
supplied
for
the
purposes
of
any
specifica-
tion.
(2)
Drawings
must
be
supplied
for
the
purposes
of
a
specification
if
the
Commissioner
requires
drawings
to
be
supplied.
(3)
Drawings
supplied
under
this
section
form
part
of
the
specifi-
cation
unless
the
Commissioner
directs
otherwise.
Compare:
1953
No
64
s
10(2)
42
Specifications
for
micr
o-organisms
(1)
T
o
the
extent
that
an
invention
is
a
micro
-
or
ganism,
the
com-
plete
specification
complies
with
section
39(1)(a)
and
(b)
,
so
far
as
those
paragraphs
require
a
description
of
the
micro
-
or
ganism,
if,
and
only
if,
the
deposit
requirements
specified
in
section
43
are
satisfied
in
relation
to
the
micro
-
or
ganism.
(2)
Subsection
(3)
applies
if—
(a)
an
invention
involves
the
use,
modification,
or
cultivation
of
a
micro
-
or
ganism,
other
than
the
micro
-
or
ganism
mentioned
in
subsection
(1);
and
(b)
a
person
skilled
in
the
relevant
art
in
New
Zealand
could
not
reasonably
be
expected
to
perform
the
invention
without
having
a
sample
of
the
micro
-
or
ganism
before
starting
to
perform
the
invention;
and
40
2013
No
68
Patents
Act
2013
Part
3
s
43
(c)
the
micro
-
or
ganism
is
not
reasonably
available
to
a
per
-
son
skilled
in
the
relevant
art
in
New
Zealand.
(3)
The
complete
specification
complies
with
section
39(1)(a)
and
(b)
,
to
the
extent
that
those
paragraphs
require
a
description
of
the
micro
-
or
ganism,
if,
and
only
if,
the
deposit
requirements
specified
in
section
43
are
satisfied
in
relation
to
the
micro
-
or
ganism.
(4)
For
the
purposes
of
this
section
and
section
45
,
a
micro
-
or
ganism
may
be
reasonably
available
to
a
person
even
if
it
is
not
so
available
in
New
Zealand.
Compare:
Patents
Act
1990
s
41
(Aust)
43
Deposit
r
equir
ements
for
micr
o-organisms
(1)
The
deposit
requirements
are
satisfied
in
relation
to
a
micro
-
or
ganism
to
which
a
specification
relates
if,
and
only
if,—
(a)
the
micro
-
or
ganism
was,
on
or
before
the
filing
date
of
the
specification,
deposited
with
a
prescribed
deposit-
ary
institution
in
accordance
with
the
rules
relating
to
micro
-
or
ganisms;
and
(b)
the
applicant
for
the
patent
provides
to
the
Commis-
sioner
,
within
the
prescribed
period,
a
receipt
for
the
deposit
from
the
prescribed
depositary
institution;
and
(c)
the
specification
includes,
at
the
filing
date
of
the
speci-
fication,
all
relevant
information
on
the
characteristics
of
the
micro
-
or
ganism
that
is
known
to
the
applicant;
and
(d)
at
all
times
since
the
end
of
the
prescribed
period,
the
specification
has
included—
(i)
the
name
of
a
prescribed
depositary
institution
from
which
samples
of
the
micro
-
or
ganism
are
obtainable
as
provided
by
the
rules
relating
to
micro
-
or
ganisms;
and
(ii)
the
file,
accession,
or
registration
number
of
the
deposit
given
by
the
institution;
and
(e)
at
all
times
since
the
filing
date
of
the
specification,
sam-
ples
of
the
micro
-
or
ganism
have
been
obtainable
from
a
prescribed
depositary
institution
as
provided
by
those
rules.
41
Part
3
s
44
Patents
Act
2013
2013
No
68
(2)
For
the
purposes
of
subsection
(1)(b),
the
receipt
for
the
de-
posit
must
be
in
the
prescribed
form
(if
any).
Compare:
Patents
Act
1990
s
6
(Aust)
44
Deposit
r
equir
ements
tr
eated
as
satisfied
in
certain
cir
cumstances
(1)
This
section
applies
if—
(a)
the
requirements
specified
in
section
43(1)(d)
or
(e)
cease
to
be
satisfied
in
relation
to
a
micro
-
or
ganism;
and
(b)
steps
are
taken
at
a
later
time
within
the
prescribed
period
in
accordance
with
all
applicable
provisions
of
the
regulations
(if
any);
and
(c)
as
a
result
of
those
steps,
if
the
period
during
which
those
requirements
are
not
satisfied
is
disregarded,
those
requirements
would
be
satisfied
at
that
later
time.
(2)
If
this
section
applies,—
(a)
the
requirements
specified
in
section
43(1)(d)
and
(e)
must
be
treated
as
having
been
satisfied
during
the
period
mentioned
in
subsection
(1)(c);
and
(b)
the
provisions
that
are
prescribed
have
ef
fect
for
the
pro-
tection
or
compensation
of
persons
who
availed
them-
selves,
or
took
definite
steps
by
way
of
contract
or
other
-
wise
to
avail
themselves,
of
the
invention
during
that
period.
Compare:
Patents
Act
1990
s
41(4)
(Aust)
45
Micr
o-organism
ceasing
to
be
r
easonably
available
(1)
A
patent
may
be
revoked
under
section
99
or
subpart
1
1
on
the
ground
referred
to
in
section
1
14(1)(c)
(which
relates
to
complete
specifications
that
do
not
comply
with
this
subpart)
if—
(a)
the
patent
was
granted
for
an
invention
that
involves
the
use,
modification,
or
cultivation
of
a
micro
-
or
ganism,
other
than
a
micro
-
or
ganism
mentioned
in
section
42(1)
;
and
(b)
the
micro
-
or
ganism
was,
at
the
filing
date
of
the
com-
plete
specification,
reasonably
available
to
a
person
skilled
in
the
relevant
art
in
New
Zealand;
and
42
2013
No
68
Patents
Act
2013
Part
3
s
49
(c)
the
micro
-
or
ganism
has
ceased
to
be
reasonably
avail-
able
to
a
person
skilled
in
the
relevant
art
in
New
Zealand.
(2)
This
section
does
not
limit
section
39(1)
.
Subpart
3—
T
reaty
applications
46
T
r
eaty
application
tr
eated
as
application
accompanied
by
complete
specification
For
the
purposes
of
this
Act,
a
T
reaty
application
must
be
treated
as
a
patent
application
accompanied
by
a
complete
spe-
cification.
Compare:
1953
No
64
s
26A
47
Description,
claims,
and
drawings
(1)
The
description,
claims,
and
drawings
(if
any)
contained
in
a
T
reaty
application
must
be
treated
as
a
complete
specification.
(2)
An
indication,
in
relation
to
a
deposited
micro
-
or
ganism
given
under
rule
13bis.4
of
the
T
reaty
regulations,
in
relation
to
a
T
reaty
application,
must
be
taken
to
be
included
in
the
descrip-
tion
contained
in
the
T
reaty
application
even
if
the
indication
is
contained
in
another
document.
Compare:
1953
No
64
s
26B
;
Patents
Act
1990
s
88(5)
(Aust)
48
International
filing
date
A
T
reaty
application
must
be
treated
as
having
been
filed
in
New
Zealand
on
its
international
filing
date.
Compare:
1953
No
64
s
26C
49
Commissioner
must
pr
ovide
international
filing
date
in
certain
cir
cumstances
(1)
The
Commissioner
must
give
an
international
application
an
international
filing
date
if—
(a)
a
request
contained
in
the
international
application
spe-
cifies
New
Zealand
as
a
designated
State
under
Article
4(1)(ii)
of
the
Patent
Cooperation
T
reaty;
and
(b)
1
or
more
of
the
following
applies:
(i)
the
receiving
Of
fice
has
refused
to
accord
the
international
application
an
international
filing
43
Part
3
s
50
Patents
Act
2013
2013
No
68
date
under
Article
1
1(1)
of
the
Patent
Cooper
-
ation
T
reaty:
(ii)
the
receiving
Of
fice
has
declared
that
the
inter
-
national
application
is
considered
withdrawn:
(iii)
the
International
Bureau
has
made
a
finding
under
Article
12(3)
of
the
Patent
Cooperation
T
reaty
that
the
international
application
is
con-
sidered
withdrawn;
and
(c)
the
Commissioner
has
decided
under
Article
25(2)(a)
of
the
Patent
Cooperation
T
reaty
that
the
refusal
or
the
declaration
or
the
finding
was
the
result
of
an
error
or
omission
on
the
part
of
the
receiving
Of
fice
or
the
Inter
-
national
Bureau.
(2)
The
date
given
under
subsection
(1)
must
be
the
date
of
receipt
of
the
application
by
the
receiving
Of
fice
under
Article
1
1(1)
of
the
Patent
Cooperation
T
reaty
.
(3)
If
the
date
of
receipt
of
the
application
by
the
receiving
Of
fice
cannot
be
ascertained,
the
Commissioner
may
give
the
appli-
cation
an
international
filing
date.
(4)
This
Act
applies
to
the
application
in
accordance
with
this
sec-
tion.
(5)
This
section
does
not
apply
to
an
international
application
that
has
been
filed
in
a
receiving
Of
fice
in
a
language
other
than
English,
unless
a
translation
of
that
application
into
English
that
has
been
verified
to
the
satisfaction
of
the
Commissioner
has
been
provided
to
the
Commissioner
.
Compare:
1953
No
64
s
26D
50
Amendments
to
documents
forming
part
of
complete
specification
(1)
Subsection
(2)
applies
if
an
English
translation
of
a
T
reaty
application—
(a)
has
been
filed
with
the
Commissioner;
or
(b)
has
been
published
under
Article
21
of
the
Patent
Co-
operation
T
reaty
by
the
International
Bureau.
(2)
The
description,
claims,
and
any
matter
associated
with
the
drawings
contained
in
the
T
reaty
application
must
be
treated
for
the
purposes
of
this
Act
as
having
been
amended,
on
the
44
2013
No
68
Patents
Act
2013
Part
3
s
51
day
the
translation
was
filed,
by
substituting
the
translated
documents
for
those
originally
filed.
(3)
The
description,
claims,
and
drawings
contained
in
a
T
reaty
application
must
be
treated
for
the
purposes
of
this
Act
as
hav-
ing
been
amended
on
the
day
that
an
amendment
was
made
if—
(a)
the
T
reaty
application
has
been
amended
under
Article
19(1)
of
the
Patent
Cooperation
T
reaty;
or
(b)
the
T
reaty
application
has
been
amended
under
Article
34
of
the
Patent
Cooperation
T
reaty
,
and
New
Zealand
has
been
chosen
by
the
applicant
to
be
an
elected
State
under
Article
31(4)(a)
of
the
Patent
Cooperation
T
reaty
within
the
prescribed
time
limit.
(4)
If
a
T
reaty
application
has
been
rectified
under
rule
91
of
the
T
reaty
regulations,
the
description,
claims,
and
drawings
con-
tained
in
that
T
reaty
application
must
be
treated,
for
the
pur
-
poses
of
this
Act,
as
having
been
amended
on
the
application’
s
international
filing
date.
Compare:
1953
No
64
s
26E
51
T
r
eaty
application
void
(1)
A
T
reaty
application
must
be
treated
as
void
for
the
purposes
of
this
Act
if—
(a)
an
applicant
withdraws
the
applicant’
s
international
ap-
plication,
or
withdraws
the
application
in
relation
to
New
Zealand
as
a
designated
State;
or
(b)
an
international
application
is
considered
to
be
with-
drawn
in
accordance
with
Article
12(3),
14(1)(b),
14(3)(a),
or
14(4)
of
the
Patent
Cooperation
T
reaty;
or
(c)
the
designation
of
New
Zealand
as
a
designated
State
is
considered
to
be
withdrawn
in
accordance
with
Article
14(3)(b)
of
the
Patent
Cooperation
T
reaty;
or
(d)
the
applicant
fails
to
fulfil
the
applicant’
s
obligations
under
Article
22(1)
of
the
Patent
Cooperation
T
reaty
within
the
prescribed
time
limit;
or
(e)
the
applicant
fails
to
fulfil
the
applicant’
s
obligations
under
Article
39(1)(a)
of
the
Patent
Cooperation
T
reaty
within
the
prescribed
time
limit.
45
Part
3
s
52
Patents
Act
2013
2013
No
68
(2)
Subsection
(1)(b)
and
(c)
are
subject
to
Article
25
of
the
Patent
Cooperation
T
reaty
.
Compare:
1953
No
64
s
26F
52
Requir
ements
for
examination
of
T
r
eaty
application
(1)
The
Commissioner
must
not,
in
relation
to
a
T
reaty
appli-
cation,
exercise
the
Commissioner
’
s
powers
under
subpart
6
(which
relates
to
examination
of
patent
applications)
until—
(a)
the
applicant
has
fulfilled
the
applicant’
s
obligations
under
Article
22(1)
or
39(1)
of
the
Patent
Cooperation
T
reaty;
and
(b)
the
prescribed
time
limit
has
expired;
and
(c)
if
applicable,
a
translation
of
the
international
applica-
tion
into
English
has
been
filed
with
the
Commissioner
and
verified
to
the
satisfaction
of
the
Commissioner;
and
(d)
all
prescribed
documents
have
been
filed;
and
(e)
all
fees
required
to
be
paid
under
this
Act
and
the
regu-
lations
have
been
paid.
(2)
However
,
the
Commissioner
may
exercise
the
Commis-
sioner
’
s
powers
under
subpart
6
at
any
time
before
all
of
the
requirements
in
subsection
(1)
are
satisfied
if—
(a)
the
applicant
makes
a
request
under
section
64
;
and
(b)
the
Commissioner
considers
that
it
is
desirable
to
exer
-
cise
those
powers
despite
the
fact
that
1
or
more
of
those
requirements
have
not
been
satisfied.
(3)
Section
65
is
subject
to
this
section.
Compare:
1953
No
64
s
26G
Subpart
4—
Convention
applications
53
Convention
applicants
may
make
convention
applications
(1)
A
convention
applicant
in
relation
to
a
basic
application
may
make
a
patent
application,
or
2
or
more
of
those
convention
applicants
may
make
a
joint
patent
application,
in
respect
of
the
relevant
invention
within
the
period
of
12
months
from
the
day
on
which
a
basic
application
is
first
made
in
a
convention
country
in
respect
of
the
invention.
46
2013
No
68
Patents
Act
2013
Part
3
s
54
(2)
A
patent
application
made
under
subsection
(1)
is
a
conven-
tion
application
.
(3)
For
the
purposes
of
this
Act,—
(a)
the
filing
of
a
complete
specification
in
a
convention
country
after
the
filing
of
a
provisional
specification
in
relation
to
an
application
for
protection
must
be
treated
as
a
basic
application
made
in
that
country;
and
(b)
a
person
must
be
treated
as
having
made
a
basic
appli-
cation
in
a
convention
country
in
respect
of
an
invention
if
the
person
has
made
an
application
for
protection
in
respect
of
the
invention
by
an
application
that,—
(i)
in
accordance
with
the
terms
of
a
treaty
subsist-
ing
between
that
convention
country
and
any
1
or
more
other
convention
countries,
is
equivalent
to
a
basic
application
duly
made
in
any
one
of
those
convention
countries;
or
(ii)
in
accordance
with
the
law
of
that
convention
country
,
is
equivalent
to
a
basic
application
duly
made
in
that
convention
country;
and
(c)
a
matter
must
be
treated
as
having
been
disclosed
in
a
basic
application
made
in
a
convention
country
if
it
was
claimed
or
disclosed
(otherwise
than
by
way
of
dis-
claimer
or
acknowledgment
of
prior
art)
in
that
applica-
tion
or
in
documents
submitted
by
the
person
who
made
the
basic
application
in
support
of,
and
at
the
same
time
as,
that
application.
(4)
Despite
subsection
(3)(c),
if
the
Commissioner
has
given
a
written
notice
to
the
convention
applicant
requiring
the
con-
vention
applicant
to
file
a
copy
of
any
or
all
of
the
documents
referred
to
in
that
paragraph,
account
must
not
be
taken
of
any
disclosure
in
the
document
or
those
documents
unless
a
copy
of
the
document
or
documents
is
filed
within
the
prescribed
period
after
the
Commissioner
has
given
the
notice.
54
How
convention
applications
ar
e
made
and
dealt
with
(1)
A
convention
application
must
be
made
and
dealt
with
in
the
same
manner
as
any
other
patent
application.
(2)
However
,
a
patent
application
that
is
a
convention
application
must—
47
Part
3
s
55
Patents
Act
2013
2013
No
68
(a)
include
the
prescribed
information
relating
to
the
rele-
vant
basic
application;
and
(b)
be
accompanied
by
a
complete
specification
in
accord-
ance
with
section
36(1)
;
and
(c)
be
made
and
dealt
with
in
accordance
with
any
other
additional
or
dif
ferent
requirements
prescribed
for
con-
vention
applications
by
this
Act
or
regulations.
55
W
ithdrawn,
abandoned,
or
r
efused
basic
applications
For
the
purposes
of
this
Act,
if
more
than
1
basic
application
has
been
made
for
an
invention,
a
previously
filed
basic
appli-
cation
(
basic
application
A
)
must
be
disregarded
and
a
subse-
quently
filed
basic
application
(
basic
application
B
)
must
be
substituted
for
basic
application
A
if—
(a)
basic
application
A
was
made
in,
or
in
respect
of,
the
same
convention
country
and
by
the
same
applicant
as
basic
application
B;
and
(b)
not
later
than
the
date
of
filing
of
basic
application
B,
basic
application
A
was
unconditionally
withdrawn,
abandoned,
or
refused;
and
(c)
basic
application
A
had
not
been
made
available
to
the
public
in
New
Zealand
or
elsewhere
before
its
uncondi-
tional
withdrawal,
abandonment,
or
refusal;
and
(d)
no
rights
remain
outstanding
in
respect
of
basic
appli-
cation
A;
and
(e)
basic
application
A
has
not
served
to
establish
a
right
of
priority
in
relation
to
another
application
in
any
con-
vention
country
.
Compare:
1953
No
64
s
7(2A)
56
Basic
applications
for
2
or
mor
e
cognate
inventions
(1)
If
basic
applications
have
been
made
in
1
or
more
convention
countries
for
2
or
more
inventions
that
are
cognate
or
of
which
one
is
a
modification
of
another
,
a
single
convention
applica-
tion
may
be
made
for
those
inventions
at
any
time
within
12
months
from
the
date
of
the
earliest
of
the
basic
applications.
(2)
Despite
subsection
(1),
the
requirements
of
section
54(2)(a)
apply
separately
to
the
basic
applications
for
each
of
the
in-
ventions
referred
to
in
subsection
(1).
48
2013
No
68
Patents
Act
2013
Part
3
s
59
Subpart
5—
Priority
dates
57
Priority
date
of
claims
of
complete
specification
(1)
Every
claim
of
a
complete
specification
has
ef
fect
from
the
date
prescribed
by
this
subpart
as
the
priority
date
of
that
claim.
(2)
A
patent
is
not
invalidated—
(a)
by
reason
only
that
the
invention,
so
far
as
claimed
in
a
claim,
has
been
made
available
to
the
public
(whether
in
New
Zealand
or
elsewhere)
on
or
after
the
priority
date
of
the
claim
by
written
or
oral
description,
by
use,
or
in
any
other
way;
or
(b)
by
the
grant
of
another
patent
on
a
specification
claim-
ing
the
same
invention
in
a
claim
of
the
same
or
a
later
priority
date.
Compare:
1953
No
64
s
1
1(1)
58
Priority
date
if
complete
specification
filed
for
single
application
The
priority
date
of
a
claim
is
the
filing
date
of
the
patent
ap-
plication
if—
(a)
the
complete
specification
is
filed
for
a
single
applica-
tion
that
was
accompanied
by
a
provisional
specifica-
tion
or
by
a
specification
that
is
treated
as
a
provisional
specification;
and
(b)
the
claim
is
supported
by
the
matter
disclosed
in
that
provisional
specification.
Compare:
1953
No
64
s
1
1(2)
59
Priority
date
if
complete
specification
filed
for
2
or
mor
e
applications
(1)
This
section
applies
if—
(a)
the
complete
specification
is
filed
or
proceeded
with
in
relation
to
2
or
more
patent
applications
that
were
ac-
companied
by
provisional
specifications
or
by
specifi-
cations
that
are
treated
as
provisional
specifications;
and
(b)
the
claim
is
supported
by
the
matter
disclosed
in
at
least
1
of
those
provisional
specifications.
(2)
The
priority
date
of
the
claim
is
the
filing
date
of
the
patent
application
that
is
accompanied
by
the
specification
that
dis-
49
Part
3
s
60
Patents
Act
2013
2013
No
68
closed
the
matter
that
supports
the
claim
(or
,
if
there
is
more
than
1
application
accompanied
by
such
a
specification,
the
filing
date
of
the
earliest
of
them).
Compare:
1953
No
64
s
1
1(3)
60
Priority
date
for
convention
applications
(1)
This
section
applies
if
the
complete
specification
is
filed
for
a
convention
application
and
the
claim
is
supported
by
the
mat-
ter
disclosed—
(a)
in
the
basic
application;
or
(b)
if
the
convention
application
is
founded
on
more
than
1
basic
application,
in
at
least
1
of
those
basic
applica-
tions.
(2)
The
priority
date
of
the
claim
is
the
date
of
the
basic
appli-
cation
that
disclosed
the
matter
that
supports
the
claim
(or
,
if
there
is
more
than
1
such
basic
application,
the
date
of
the
earliest
of
them).
Compare:
1953
No
64
s
1
1(4)
61
Priority
date
for
T
r
eaty
applications
that
claim
priority
of
earlier
applications
(1)
This
section
applies
if—
(a)
the
patent
application
that
relates
to
the
complete
speci-
fication
that
contains
the
claim
is
a
T
reaty
application;
and
(b)
that
T
reaty
application
claims
the
priority
of
an
earlier
application
under
Article
8
of
the
Patent
Cooperation
T
reaty;
and
(c)
that
earlier
application
is—
(i)
an
application
made
in
New
Zealand
not
more
than
12
months
before
the
international
filing
date
of
the
T
reaty
application;
or
(ii)
an
application
made
in
New
Zealand
more
than
12
months
before
the
international
filing
date
of
the
T
reaty
application,
for
which—
(A)
a
receiving
Of
fice
has
restored
priority
under
rule
26bis.3
of
the
T
reaty
regula-
tions;
and
50
2013
No
68
Patents
Act
2013
Part
3
s
61
(B)
the
restored
priority
has
not
been
found
to
be
inef
fective
by
the
Commissioner
or
the
court
under
rule
49ter
.1
of
the
T
reaty
regulations;
or
(iii)
a
basic
application
for
an
invention,
made
in
a
convention
country
not
more
than
12
months
be-
fore
the
international
filing
date
of
the
T
reaty
ap-
plication,
that
is
the
first
application
made
in
a
convention
country
for
the
invention;
or
(iv)
a
basic
application
for
an
invention
made
in
a
convention
country
more
than
12
months
before
the
international
filing
date
of
the
T
reaty
applica-
tion,
that
is
the
first
application
made
in
a
con-
vention
country
for
the
invention,
for
which—
(A)
a
receiving
Of
fice
has
restored
priority
under
rule
26bis.3
of
the
T
reaty
regula-
tions;
and
(B)
the
restored
priority
has
not
been
found
to
be
inef
fective
by
the
Commissioner
or
the
court
under
rule
49ter
.1
of
the
T
reaty
regulations;
or
(v)
a
basic
application
for
an
invention
made
in
a
convention
country
after
an
application
referred
to
in
subparagraph
(iii);
and
(d)
the
claim
is
supported
by
the
matter
disclosed
in
that
earlier
application
or
in
a
specification
filed
for
that
ear
-
lier
application.
(2)
The
priority
date
of
the
claim
is,—
(a)
if
the
claim
is
supported
by
the
matter
disclosed
in
the
earlier
application,
the
date
of
filing
of
that
application;
or
(b)
in
any
other
case,
the
date
of
filing
of
the
specification
for
the
earlier
application
that
disclosed
the
matter
that
supports
the
claim
(or
,
if
there
is
more
than
1
such
spe-
cification,
the
date
of
filing
of
the
earliest
of
them).
(3)
For
the
purposes
of
subsection
(2),
date
of
filing
means,—
(a)
in
the
case
of
the
earlier
application
being
an
application
made
in
New
Zealand,
the
date
that
the
earlier
applica-
51
Part
3
s
62
Patents
Act
2013
2013
No
68
tion
or
specification
for
the
earlier
application
(as
the
case
may
be)
is
filed
in
New
Zealand:
(b)
in
any
other
case,
the
date
that
the
earlier
application
or
specification
for
the
earlier
application
(as
the
case
may
be)
is
filed
in
the
convention
country
.
62
Rules
that
apply
if
2
or
mor
e
priority
dates
apply
or
other
rules
do
not
apply
(1)
If,
under
sections
59
to
61
,
a
claim
would,
but
for
this
pro-
vision,
have
2
or
more
priority
dates,
the
priority
date
of
that
claim
is
the
earlier
or
earliest
of
those
dates.
(2)
If
sections
58
to
61
do
not
apply
to
any
case,
the
priority
date
of
a
claim
is
the
filing
date
of
the
complete
specification.
Compare:
1953
No
64
s
1
1(5),
(6)
63
Priority
date
in
case
of
lack
of
entitlement
in
r
espect
of
another
patent
application
(1)
This
section
applies
if—
(a)
a
patent
application
(
application
A
)
is
made
for
an
in-
vention
that
has
been
claimed
in
a
complete
specifica-
tion
filed
in
relation
to
another
patent
application
(
ap-
plication
B
);
and
(b)
1
or
more
of
the
following
applies:
(i)
the
Commissioner
has
refused
to
grant
a
patent
in
relation
to
application
B
on
the
ground
specified
in
section
92(1)(b)
(whether
in
a
re
-
examination
or
an
opposition
proceeding
under
subpart
9
):
(ii)
the
patent
granted
in
relation
to
application
B
has
been
revoked
by
the
court
or
the
Commissioner
on
the
ground
specified
in
section
1
14(1)(b)
:
(iii)
the
complete
specification
filed
in
relation
to
ap-
plication
B
has,
in
a
re
-
examination
or
an
oppos-
ition
proceeding
under
subpart
9
or
a
proceeding
under
subpart
1
1,
been
amended
by
the
exclusion
of
the
claim
relating
to
the
invention
as
a
result
of
a
finding
by
the
Commissioner
that
the
nom-
inated
person
or
the
patentee
is
not
entitled
to
the
patent.
52
2013
No
68
Patents
Act
2013
Part
3
s
64
(2)
The
Commissioner
may
direct
that
application
A
and
any
spe-
cification
filed
in
relation
to
it
must,
for
the
purposes
of
this
subpart,
be
treated
as
having
been
filed
on
the
date
on
which
the
corresponding
document
was
filed,
or
is
treated
as
having
been
filed,
in
relation
to
application
B.
Compare:
1953
No
64
s
62
Subpart
6—
Examination
64
Request
for
examination
(1)
The
applicant
may
,
in
the
prescribed
manner
,
ask
for
an
exam-
ination
of
the
patent
application
and
the
complete
specification
relating
to
the
application.
(2)
The
Commissioner
may
,
on
1
or
more
of
the
prescribed
grounds
and
in
the
prescribed
manner
,
direct
the
applicant
to
ask,
within
the
prescribed
period,
for
an
examination
of
the
patent
application
and
the
complete
specification
relating
to
the
application.
(3)
If
the
patent
application
and
the
complete
specification
relating
to
the
application
are
open
to
public
inspection,
any
person
may
,
in
the
prescribed
manner
,
require
the
Commissioner
to
give
a
direction
under
subsection
(2).
(4)
However
,
a
person
may
not
act
under
subsection
(3)
if
the
ap-
plication
is
a
T
reaty
application
and
the
requirements
in
sec-
tion
52(1)
have
not
been
satisfied.
(5)
If
required
under
subsection
(3),
the
Commissioner
must
give
a
direction
accordingly
,
unless
the
applicant
has
already
asked,
or
been
directed
to
ask,
for
an
examination
of
the
patent
appli-
cation
and
the
complete
specification
relating
to
the
applica-
tion.
(6)
If
the
Commissioner
gives
a
direction
under
this
section,
the
patent
application
must
be
treated
as
having
been
abandoned
if
the
applicant
does
not
ask,
within
the
prescribed
period,
for
an
examination
of
the
patent
application
and
the
complete
spe-
cification
relating
to
the
application.
Compare:
Patents
Act
1990
s
44
(Aust)
53
Part
3
s
65
Patents
Act
2013
2013
No
68
65
Examination
(1)
The
Commissioner
must,
after
being
asked
to
do
so
under
sec-
tion
64
,
examine
a
patent
application
and
the
complete
speci-
fication
relating
to
the
application,
and
report
on—
(a)
whether
the
Commissioner
is
satisfied,
on
the
balance
of
probabilities,
that—
(i)
the
application
and
the
specification
comply
with
the
requirements
of
this
Act
and
of
the
regula-
tions;
and
(ii)
the
applicant
has
complied
with
all
requirements
imposed
on
the
applicant
by
or
under
this
Act
that
are
prescribed
for
the
purposes
of
this
subpara-
graph;
and
(iii)
the
invention,
so
far
as
claimed,
is
a
patentable
invention
under
section
14
;
and
(iv)
there
is
no
other
lawful
ground
of
objection
to
the
grant
of
a
patent
in
respect
of
the
application;
and
(b)
all
other
matters
(if
any)
that
are
prescribed.
(2)
The
examination
must
be
carried
out
in
the
prescribed
manner
.
(3)
The
Commissioner
must
give
a
copy
of
the
report
to
the
appli-
cant
after
it
is
issued.
Compare:
Patents
Act
1990
s
45
(Aust)
66
Commissioner
may
r
efuse
to
pr
oceed
with
application
or
r
equir
e
application
or
specification
to
be
amended
(1)
This
section
applies
if,
after
examining
under
section
65
a
patent
application
and
the
complete
specification
relating
to
the
application,
the
Commissioner
reports
that
he
or
she
is
not
satisfied
as
to
any
of
the
matters
specified
in
section
65(1)(a).
(2)
The
Commissioner—
(a)
must
state
the
grounds
of
objection
when
reporting
on
an
examination;
and
(b)
may—
(i)
refuse
to
proceed
with
the
patent
application;
or
(ii)
require
the
applicant
to
amend
the
patent
appli-
cation
or
any
specification
before
the
Commis-
sioner
proceeds
with
the
application.
54
2013
No
68
Patents
Act
2013
Part
3
s
69
67
Applicants
must
act
by
deadline
if
deadline
set
by
Commissioner
(1)
If
the
Commissioner
has
acted
under
section
66(2)(b)
,
the
ap-
plicant
must,
by
the
deadline
(if
any)
set
by
the
Commissioner
,
make
a
substantive
response
to
the
report.
(2)
After
each
response,
the
Commissioner
may
issue
a
further
report
under
section
65
,
and,
if
the
Commissioner
is
still
not
satisfied
as
to
any
of
the
matters
specified
in
section
65(1)(a)
,
the
Commissioner
may
act
under
section
66
.
(3)
If
the
Commissioner
has
issued
a
further
report
under
section
65
and
acted
under
section
66(2)(b)
,
the
applicant
must,
by
the
deadline
(if
any)
set
by
the
Commissioner
,
make
a
substantive
response
to
the
report.
(4)
The
Commissioner
must
set
deadlines
(if
any)
in
the
pre-
scribed
manner
.
(5)
The
Commissioner
may
extend
any
deadlines
in
the
prescribed
manner
.
(6)
For
the
purposes
of
this
section,
a
substantive
r
esponse
is
a
response
that,
in
the
opinion
of
the
Commissioner
,—
(a)
gives
a
fair
and
substantial
answer
to
the
report
issued
by
the
Commissioner;
or
(b)
gives
a
fair
and
substantial
answer
to
the
report
issued
by
the
Commissioner
and
amends
the
application
or
specification
to
remove
1
or
more
of
the
grounds
of
ob-
jection
raised
by
the
Commissioner
in
the
report;
or
(c)
amends
the
application
or
specification
to
remove
all
of
the
grounds
of
objection
raised
by
the
Commissioner
in
the
report.
68
Application
tr
eated
as
abandoned
if
applicant
fails
to
act
within
set
deadline
A
patent
application
must
be
treated
as
having
been
abandoned
if
the
applicant
has
failed
to
comply
with
section
67
.
69
Commissioner
must
examine
amended
specification
(1)
The
Commissioner
must
examine
an
amended
complete
speci-
fication
in
the
same
manner
as
the
original
specification
if
the
55
Part
3
s
70
Patents
Act
2013
2013
No
68
specification
is
amended
following
the
issue
of
a
report
under
section
65
.
(2)
Subsection
(1)
does
not
apply
after
the
complete
specification
is
accepted.
Compare:
1953
No
64
s
18(2)
70
Duty
to
inform
Commissioner
of
sear
ch
r
esults
(1)
The
applicant
must,
if
required
by
the
Commissioner
,
inform
the
Commissioner
,
in
the
prescribed
manner
,
of
the
results
of
any
documentary
searches
by
,
or
on
behalf
of,
a
foreign
patent
of
fice
carried
out
for
the
purpose
of
assessing
the
patentability
of
an
invention
disclosed
in
the
complete
specification
or
a
corresponding
application
filed
outside
New
Zealand.
(2)
Subsection
(1)—
(a)
does
not
apply
to
a
search
if
the
search
is
prescribed
as
a
type
of
search
to
which
this
section
does
not
apply;
and
(b)
applies
only
to
searches
completed
before
the
grant
of
the
patent.
(3)
A
search
is
completed
on
the
earliest
of—
(a)
the
date,
if
any
,
specified
in
the
search
report
as
the
date
that
the
report
was
issued;
and
(b)
the
date,
if
any
,
specified
in
the
search
report
as
the
date
that
the
search
was
completed;
and
(c)
the
date
that
the
search
results
were
issued
to
the
appli-
cant
or
patentee
by
the
foreign
patent
of
fice.
(4)
In
this
section,
for
eign
patent
office
means
an
of
fice,
or
gan-
isation,
or
other
body
that
may
grant
protection
in
respect
of
an
invention
in
a
country
outside
New
Zealand.
Compare:
Patents
Act
1990
s
45(3)
(Aust)
Subpart
7—
Acceptance
and
publication
T
ime
for
putting
application
in
or
der
for
acceptance
71
T
ime
for
putting
application
in
order
for
acceptance
(1)
A
patent
application
is
void
unless,
within
the
prescribed
period,
the
applicant
ensures
that—
56
2013
No
68
Patents
Act
2013
Part
3
s
72
(a)
the
application
and
the
complete
specification
comply
with
the
requirements
of
this
Act
and
of
the
regulations;
and
(b)
the
applicant
has
complied
with
all
requirements
im-
posed
on
the
applicant
by
or
under
this
Act
that
are
pre-
scribed
for
the
purposes
of
this
paragraph;
and
(c)
the
invention,
so
far
as
claimed,
is
a
patentable
inven-
tion
under
section
14
;
and
(d)
there
is
no
other
lawful
ground
of
objection
to
the
grant
of
a
patent
in
respect
of
the
application.
(2)
Deadlines,
or
extensions
of
deadlines,
set
by
the
Commis-
sioner
under
section
67
cannot
extend
the
prescribed
period
under
subsection
(1).
(3)
Nothing
in
this
section
limits
section
68
(which
relates
to
treat-
ing
an
application
as
abandoned).
Compare:
1953
No
64
s
19(1),
(1A)
72
T
ime
may
be
extended
if
appeal
pending
or
possible
(1)
This
section
applies
if,
at
the
expiry
of
the
prescribed
period
under
section
71
,—
(a)
an
appeal
to
the
court
is
pending
under
section
214
in
respect
of
the
patent
application
(or
,
in
the
case
of
an
application
for
a
patent
of
addition,
either
in
respect
of
that
application
or
in
respect
of
the
patent
application
for
the
main
invention);
or
(b)
the
20
-
working
-
day
period
within
which
an
appeal
re-
ferred
to
in
paragraph
(a)
may
be
brought
under
section
214(2)(b)(i)
has
not
expired.
(2)
The
court
may
extend
the
period
that
applies
under
section
71
until
the
date
that
the
court
thinks
fit
if
an
appeal
referred
to
in
subsection
(1)(a)—
(a)
is
pending;
or
(b)
is
brought
within
the
time
referred
to
in
subsection
(1)(b);
or
(c)
is
brought
before
the
expiry
of
any
extension
of
the
time
for
bringing
an
appeal
allowed
by
the
court
under
sec-
tion
214(2)(b)(ii)
,—
57
Part
3
s
73
Patents
Act
2013
2013
No
68
(i)
in
the
case
of
a
first
extension,
on
an
application
for
an
extension
made
within
the
time
referred
to
in
subsection
(1)(b);
or
(ii)
in
the
case
of
a
subsequent
extension,
on
an
ap-
plication
for
an
extension
made
before
the
expiry
of
the
last
previous
extension.
(3)
If
no
appeal
referred
to
in
subsection
(1)(a)
is
pending
or
is
so
brought,
the
period
that
applies
under
section
71
continues—
(a)
until
the
end
of
the
time
referred
to
in
subsection
(1)(b);
or
(b)
if
any
extension
of
the
time
for
bringing
an
appeal
is
allowed
by
the
court
as
referred
to
in
subsection
(2)(c),
until
the
expiry
of
the
extension
or
last
extension
that
is
allowed.
Compare:
1953
No
64
s
19(3)
73
Notice
of
entitlement
must
be
filed
befor
e
acceptance
(1)
The
applicant
must
file,
in
the
prescribed
manner
,
a
notice
stat-
ing
the
grounds
on
which
the
nominated
person
is
entitled
to
be
granted
the
patent
under
section
22
—
(a)
before
the
expiry
of
the
prescribed
period
under
section
71
;
or
(b)
before
the
expiry
of
the
extension
or
last
extension
under
section
72
(if
the
prescribed
period
under
section
71
is
extended
under
that
section).
(2)
For
the
purposes
of
this
Act,
the
applicant
may
be
taken
to
be
the
nominated
person.
(3)
However
,
if
the
applicant
is
not
the
nominated
person
or
is
not
the
only
nominated
person,
the
applicant
must
identify
all
of
the
nominated
persons
in
the
notice
referred
to
in
subsection
(1).
(4)
Subsection
(2)
does
not
limit
subsection
(1).
(5)
A
patent
application
is
void
if
the
applicant
does
not
comply
with
this
section.
58
2013
No
68
Patents
Act
2013
Part
3
s
75
Acceptance
74
Acceptance
of
complete
specification
(1)
The
Commissioner
must
accept
the
complete
specification
re-
lating
to
a
patent
application
if
the
Commissioner
is
satisfied,
on
the
balance
of
probabilities,
that—
(a)
the
application
and
the
specification
comply
with
the
requirements
of
this
Act
and
of
the
regulations;
and
(b)
the
applicant
has
complied
with
all
requirements
im-
posed
on
the
applicant
by
or
under
this
Act
that
are
pre-
scribed
for
the
purposes
of
this
paragraph;
and
(c)
the
invention,
so
far
as
claimed,
is
a
patentable
inven-
tion
under
section
14
;
and
(d)
there
is
no
other
lawful
ground
of
objection
to
the
grant
of
a
patent
in
respect
of
the
application.
(2)
The
Commissioner
must,
after
acceptance
of
a
complete
spe-
cification,—
(a)
give
notice
of
the
acceptance
to
the
applicant;
and
(b)
publish
the
acceptance
in
the
journal.
(3)
For
the
purposes
of
this
Act,
date
of
the
publication
of
the
accepted
complete
specification
means
the
date
of
publica-
tion
of
the
journal
containing
the
publication
under
subsection
(2)(b).
(4)
This
section
is
subject
to
sections
71
,
72
,
and
75
.
Compare:
1953
No
64
s
20(1),
(2)
75
Applicant
may
r
equest
Commissioner
to
postpone
acceptance
(1)
The
applicant
may
,
in
the
prescribed
manner
(if
any),
give
notice
to
the
Commissioner
requesting
the
Commissioner
to
postpone
acceptance
of
the
complete
specification
until
a
date
that
is
specified
in
the
notice.
(2)
The
date
specified
in
the
notice
must
not
be
a
date
that
is
after
the
prescribed
period.
(3)
The
Commissioner
may
postpone
acceptance
under
section
74
if
a
notice
is
given
under
this
section.
Compare:
1953
No
64
s
20(1)
59
Part
3
s
76
Patents
Act
2013
2013
No
68
Publication
76
Publication
in
case
of
applications
other
than
T
r
eaty
applications
(1)
The
Commissioner
must
publish
a
notice
in
the
journal
that
a
complete
specification
is
open
to
public
inspection
if—
(a)
the
specification
has
been
filed
for
a
patent
application
that
is
not
a
T
reaty
application;
and
(b)
a
period
of
18
months
after
the
earliest
priority
date
claimed
in
respect
of
the
patent
application
has
ended;
and
(c)
the
specification
is
not
already
open
to
public
inspec-
tion.
(2)
Subsection
(1)
does
not
apply
if
the
patent
application
is
void
or
has
been
abandoned.
(3)
If
a
complete
specification
filed
in
respect
of
a
patent
applica-
tion
(other
than
a
T
reaty
application)
has
not
become
open
to
public
inspection,
the
Commissioner
must,
if
asked
to
do
so
by
the
applicant,
publish,
in
the
prescribed
manner
,
a
notice
in
the
journal
that
the
complete
specification
is
open
to
public
inspection.
(4)
If
section
42(2)
applies
to
a
specification,
the
applicant
may
not
make
a
request
under
subsection
(3)
in
relation
to
the
spe-
cification
unless
the
specification
includes
the
particulars
men-
tioned
in
section
43(1)(d)
.
Compare:
Patents
Act
1990
s
54(1)–(3)
(Aust)
77
Publication
in
case
of
divisional
applications
made
as
pr
ovided
for
in
section
34
(1)
The
Commissioner
must
publish
a
notice
in
the
journal
that
a
complete
specification
filed
for
a
divisional
application
is
open
to
public
inspection
if—
(a)
the
divisional
application
is
made
in
respect
of
a
parent
application
(whether
or
not
the
parent
application
is
a
T
reaty
application);
and
(b)
the
complete
specification
filed
for
the
parent
applica-
tion
was
open
to
public
inspection
when
the
divisional
application
was
made.
60
2013
No
68
Patents
Act
2013
Part
3
s
78
(2)
Subsection
(3)
applies
if
a
divisional
application
is
made
in
respect
of
a
parent
application
that
is
not
a
T
reaty
application
and—
(a)
a
notice
is
published
in
the
journal
that
the
complete
specification
filed
for
the
parent
application
is
open
to
public
inspection;
or
(b)
a
notice
is
published
in
the
journal
that
the
complete
specification
filed
for
the
divisional
application
is
open
to
public
inspection.
(3)
The
Commissioner
must
also
publish
in
the
journal
a
notice
that,—
(a)
if
subsection
(2)(a)
applies,
the
complete
specification
filed
for
the
divisional
application
is
open
to
public
in-
spection;
or
(b)
if
subsection
(2)(b)
applies,
the
complete
specification
filed
for
the
parent
application
is
open
to
public
inspec-
tion.
(4)
For
the
purposes
of
this
section,—
divisional
application
means
a
divisional
application
referred
to
in
section
34
par
ent
application
means
the
parent
application
referred
to
in
section
34
.
Compare:
Patents
Act
1990
s
54(4),
(5)
(Aust)
78
Documents
open
to
public
inspection
(1)
If
a
notice
is
published
under
section
76
or
77
,
the
specifica-
tion
concerned,
and
the
other
documents
(if
any)
that
are
pre-
scribed,
are
open
to
public
inspection.
(2)
If
acceptance
of
a
complete
specification
is
published
under
section
74(2)(b)
in
relation
to
a
patent
application,
the
follow-
ing
documents
(being
documents
that
have
not
already
become
open
to
public
inspection)
are
open
to
public
inspection:
(a)
all
documents
(other
than
prescribed
documents)
filed
in
relation
to
the
application
or
the
patent,
whether
be-
fore
or
after
the
acceptance
or
grant:
(b)
all
documents
(other
than
prescribed
documents)
filed,
after
the
patent
ceases,
expires,
or
is
revoked,
in
relation
to
the
former
patent:
61
Part
3
s
79
Patents
Act
2013
2013
No
68
(c)
copies
of
all
documents
relating
to
the
application
or
patent
(other
than
prescribed
documents)
given
by
the
Commissioner
to
the
applicant
or
patentee,
or
the
for
-
mer
applicant
or
patentee.
(3)
A
specification,
or
other
document,
must
be
taken
to
have
been
made
available
to
the
public
on
the
day
on
which
it
becomes
open
to
public
inspection
unless
it
has
been
made
available
to
the
public
(whether
in
New
Zealand
or
elsewhere)
otherwise
before
that
day
.
(4)
Subsection
(3)
is
subject
to
section
79
.
Compare:
Patents
Act
1990
s
55
(Aust)
79
Publication
of
T
r
eaty
applications
(1)
A
T
reaty
application
must
be
taken
to
have
become
open
to
public
inspection,
and
to
have
been
made
available
to
the
pub-
lic,
on
the
date
that
it
is
published
under
Article
21
of
the
Patent
Cooperation
T
reaty
.
(2)
On
and
after
the
date
on
which
the
requirements
in
section
52
are
satisfied
in
relation
to
a
T
reaty
application,
the
documents
(if
any)
that
are
prescribed
are
open
to
public
inspection.
80
Certain
documents
not
to
be
published
(1)
Except
as
otherwise
provided
by
or
under
this
Act,
documents
of
the
kind
mentioned
in
section
78
or
79
—
(a)
must
not
be
published
by
the
Commissioner
or
be
open
to
public
inspection;
and
(b)
must
not
be
published
before
the
document
is
open
to
public
inspection
by
any
person
to
whom
the
Commis-
sioner
provides
the
document
in
the
performance
of
his
or
her
functions;
and
(c)
are
not
liable
to
be
inspected
or
produced
before
the
Commissioner
or
in
a
legal
proceeding
unless
the
Com-
missioner
,
court,
or
any
person
having
power
to
order
inspection
or
production,
directs
that
the
inspection
or
production
be
allowed.
(2)
Subsection
(1)
does
not
prevent—
(a)
the
Commissioner
from
publishing
the
date
and
number
of
a
patent
application
and
any
details
of
the
patent
ap-
62
2013
No
68
Patents
Act
2013
Part
3
s
81
plication
and
invention
that
are
required
to
be
given
in
or
with
the
patent
application:
(b)
documents
of
the
kind
mentioned
in
section
78
or
79
be-
ing
published
by
the
Commissioner
and
becoming
open
to
public
inspection
with
the
consent
of
the
applicant.
(3)
Notice
of
an
application
for
the
production
in
legal
proceed-
ings
of
a
document
of
the
kind
mentioned
in
section
78
or
79
must
be
given
to
the
Commissioner
,
who
is
entitled
to
be
heard
on
the
application.
(4)
A
request
for
information
under
the
Of
ficial
Information
Act
1982
may
be
refused
by
the
Commissioner
or
the
Ministry
,
as
contrary
to
this
Act,
if,
and
to
the
extent
that,
it
would
require
documents
of
the
kind
mentioned
in
section
78
or
79
,
or
infor
-
mation
in
connection
with
those
documents,
to
be
made
avail-
able
before
those
documents
are
open
to
public
inspection.
Compare:
Patents
Act
1990
s
56
(Aust)
81
Effect
of
publication
of
complete
specification
(1)
After
a
complete
specification
relating
to
a
patent
application
has
become
open
to
public
inspection
and
until
a
patent
is
granted
on
the
application,
the
nominated
person
has
the
same
privileges
and
rights
as
the
nominated
person
would
have
had
if
a
patent
for
the
invention
had
been
granted
on
the
day
when
the
specification
became
open
to
public
inspection
under
sec-
tions
76
to
79
.
(2)
The
nominated
person
is
entitled
to
bring
a
proceeding
by
virtue
of
this
section
in
respect
of
an
act
only—
(a)
after
the
patent
has
been
granted;
and
(b)
if
the
act
would,
if
the
patent
had
been
granted
on
the
day
referred
to
in
subsection
(1),
have
infringed
both—
(i)
the
patent;
and
(ii)
the
claims
(as
interpreted
by
the
description
and
any
drawings
that
form
part
of
the
complete
spe-
cification)
in
the
form
in
which
they
were
con-
tained
in
the
complete
specification
immediately
before
it
became
open
to
public
inspection.
(3)
Subpart
1
of
Part
4
applies
(subject
to
section
82
)
to
a
pro-
ceeding
under
this
section
with
all
necessary
modifications
(in-
cluding
reading
references
to
the
patentee
as
references
to
the
63
Part
3
s
82
Patents
Act
2013
2013
No
68
nominated
person
and
construing
references
to
a
patent
being
in
force,
granted,
or
valid
consistently
with
this
section).
Compare:
1953
No
64
s
20(4),
(5)
;
Patents
Act
1990
s
57(1),
(3)
(Aust);
Patents
Act
1977
s
69(2)
(UK)
82
Court
must
consider
whether
it
would
be
r
easonable
to
expect
that
patent
would
be
granted
(1)
In
a
proceeding
under
section
81
,
the
court
must,
in
consid-
ering
the
amount
of
damages
or
an
account
of
profits
for
an
infringement,
consider
whether
or
not
it
would
have
been
rea-
sonable
to
expect,
from
a
consideration
of
the
complete
spe-
cification
that
became
open
to
public
inspection,
that
a
patent
would
be
granted
that
would
confer
on
the
patentee
protection
from
an
act
of
the
same
description
as
that
found
to
infringe
the
rights
conferred
by
that
section.
(2)
If
the
court
finds
that
it
would
not
have
been
reasonable,
the
court
must
reduce
the
damages,
or
the
amount
of
an
account
of
profits,
to
an
amount
that
it
thinks
just.
(3)
Section
154
does
not
apply
to
a
proceeding
under
section
81
.
Compare:
Patents
Act
1977
s
69(3)
(UK)
Subpart
8—
Amendment
of
specifications
after
acceptance
83
General
rules
concerning
amendments
of
specifications
after
acceptance
(1)
After
the
acceptance
of
a
complete
specification,
an
amend-
ment
to
that
specification
is
not
allowable
and
must
not
be
made
if
the
ef
fect
of
the
amendment
is
that—
(a)
the
specification
as
amended
would
claim
or
describe
matter
that
was
not
in
substance
disclosed
in
the
speci-
fication
before
the
amendment;
or
(b)
a
claim
of
the
specification
as
amended
would
not
fall
wholly
within
the
scope
of
a
claim
of
the
specification
before
the
amendment.
(2)
Subsection
(1)
does
not
apply
to
an
amendment
for
the
purpose
of
correcting
an
obvious
mistake
made
in,
or
in
relation
to,
a
complete
specification.
64
2013
No
68
Patents
Act
2013
Part
3
s
85
(3)
If,
after
the
date
of
the
publication
of
the
accepted
complete
specification,
any
amendment
of
the
specification
is
allowed
by
the
Commissioner
or
the
court,—
(a)
the
right
of
the
patentee
or
applicant
to
make
the
amend-
ment
must
not
be
called
into
question
except
on
the
ground
of
fraud;
and
(b)
the
amendment
must,
in
all
courts
and
for
all
purposes,
be
treated
as
forming
part
of
the
specification.
(4)
However
,
in
construing
the
specification
as
amended,
refer
-
ence
may
be
made
to
the
specification
as
originally
published.
Compare:
1953
No
64
s
40(1),
(2)
84
Amendment
must
be
published
in
journal
If,
after
the
date
of
the
publication
of
the
accepted
complete
specification,
any
amendment
of
the
specification
is
allowed
under
sections
85
to
89
,
the
fact
that
the
specification
has
been
amended
must
be
published
in
the
journal.
Compare:
1953
No
64
s
40(3)
85
Amendment
of
specification
with
leave
of
Commissioner
(1)
The
Commissioner
may
,
on
a
request
made
under
this
section
by
a
patentee,
or
by
an
applicant
for
a
patent
at
any
time
after
the
acceptance
of
the
complete
specification,
allow
the
com-
plete
specification
to
be
amended
subject
to
any
conditions
that
the
Commissioner
thinks
fit.
(2)
However
,
the
Commissioner
must
not
allow
a
specification
to
be
amended
on
a
request
made
under
this
section
while
any
relevant
proceeding
is
pending.
(3)
Every
request
for
leave
to
amend
a
specification
under
this
section
must—
(a)
state
the
nature
of
the
proposed
amendment;
and
(b)
give
full
particulars
of
the
reasons
for
the
request;
and
(c)
be
made
in
the
prescribed
manner
(if
any).
(4)
This
section
is
subject
to
section
83
(which
contains
general
rules
about
amendments
of
specifications).
Compare:
1953
No
64
s
38(1),
(2)
65
Part
3
s
86
Patents
Act
2013
2013
No
68
86
Request
for
leave
to
amend
must
be
published
in
journal
(1)
Every
request
for
leave
to
amend
a
specification
under
section
85
,
and
the
nature
of
the
proposed
amendment,
must
be
pub-
lished
in
the
journal.
(2)
However
,
if
the
request
is
made
before
the
date
of
the
publica-
tion
of
the
accepted
complete
specification,
the
Commissioner
may
,
if
the
Commissioner
thinks
fit,
dispense
with
publication
under
subsection
(1)
or
direct
that
publication
be
postponed
until
the
date
of
the
publication
of
the
accepted
complete
spe-
cification.
Compare:
1953
No
64
s
38(3)
87
Opposition
to
pr
oposed
amendment
(1)
Any
person
may
,
in
the
prescribed
manner
(if
any),
give
notice
to
the
Commissioner
of
opposition
to
a
proposed
amendment
within
the
prescribed
period
after
the
publication
of
a
request
under
section
86
.
(2)
If
a
notice
is
given
within
the
prescribed
period,
the
Commis-
sioner
must—
(a)
notify
the
person
who
made
the
request
under
section
85
;
and
(b)
give
that
person
and
the
opponent
a
reasonable
oppor
-
tunity
to
be
heard
before
the
Commissioner
decides
the
case.
Compare:
1953
No
64
s
38(4)
88
Pr
ovisions
concerning
amendments
with
leave
of
Commissioner
do
not
apply
in
certain
cir
cumstances
Sections
85
to
87
do
not
apply
in
relation
to
any
amendment
of
a
specification
ef
fected—
(a)
in
a
proceeding
in
opposition
to
the
grant
of
a
patent
under
sections
92
and
93
;
or
(b)
in
accordance
with
any
of
sections
98(2)
,
99(2)
,
and
1
13(6)(b)
.
Compare:
1953
No
64
s
38(6)
89
Amendment
of
specification
with
leave
of
court
(1)
In
any
relevant
proceeding
in
relation
to
a
patent,
the
court
may
,
by
order
,
allow
the
patentee
to
amend
the
patentee’
s
com-
66
2013
No
68
Patents
Act
2013
Part
3
s
90
plete
specification
in
the
manner
and
subject
to
the
terms
as
to
costs,
publication,
or
otherwise
that
the
court
thinks
fit.
(2)
If,
in
any
proceeding
for
the
revocation
of
a
patent,
the
court
decides
that
the
patent
is
invalid,
the
court
may
allow
the
spe-
cification
to
be
amended
under
this
section
instead
of
revoking
the
patent.
(3)
If
an
application
for
an
order
under
this
section
is
made
to
the
court,—
(a)
the
applicant
for
that
order
must
give
notice
of
the
ap-
plication
to
the
Commissioner;
and
(b)
the
Commissioner
may
appear
and
be
heard
on
the
ap-
plication;
and
(c)
the
Commissioner
must
appear
if
he
or
she
is
directed
by
the
court
to
appear
.
(4)
This
section
is
subject
to
section
83
(which
contains
general
rules
about
amendments
of
specifications).
Compare:
1953
No
64
s
39
Subpart
9—
Assertions
by
third
parties,
opposition,
and
re-examinations
Assertions
by
thir
d
parties
within
pr
escribed
period
90
Assertions
by
third
parties
on
novelty
and
inventive
step
(1)
Any
person
may
,
within
the
prescribed
period
after
a
complete
specification
becomes
open
to
public
inspection
but
before
the
date
of
the
publication
of
the
accepted
complete
specification,
notify
the
Commissioner
,
in
the
prescribed
manner
(if
any),
that
the
person
asserts
that
the
invention,
so
far
as
claimed
in
a
claim,
is
not
a
patentable
invention
because
it
does
not
comply
with
section
14(b)
(which
relates
to
the
requirement
for
the
invention
to
be
novel
and
involve
an
inventive
step).
(2)
The
notice
must
state
the
reasons
for
the
person’
s
assertion.
(3)
The
notice
and
any
documents
accompanying
it
are
open
to
public
inspection.
Compare:
Patents
Act
1990
s
27(1),
(4)
(Aust)
67
Part
3
s
91
Patents
Act
2013
2013
No
68
91
Commissioner
must
consider
and
deal
with
notice
in
pr
escribed
manner
(1)
The
Commissioner
must
inform
the
applicant
in
writing
of
any
matter
of
which
the
Commissioner
is
notified
under
section
90
and
send
the
applicant
a
copy
of
any
document
accompanying
the
notice.
(2)
The
Commissioner
must
otherwise
consider
and
deal
with
a
notice
under
section
90
in
the
prescribed
manner
.
Compare:
Patents
Act
1990
s
27(2),
(3)
(Aust)
Opposition
to
grant
of
patent
92
Opposition
to
grant
of
patent
(1)
Any
person
may
,
in
the
prescribed
manner
,
oppose
the
grant
of
a
patent
on
1
or
more
of
the
following
grounds:
(a)
that
the
invention,
so
far
as
claimed
in
a
claim,
is
not
a
patentable
invention
under
section
14:
(b)
that
the
nominated
person
is
not
entitled
to
the
patent:
(c)
that
the
complete
specification
does
not
comply
with
subpart
2
(which
relates
to
specification
requirements):
(d)
that
the
applicant
is
attempting,
or
has
attempted,
to
obtain
the
grant
of
a
patent
by
fraud,
false
suggestion,
or
a
misrepresentation:
(e)
that
the
invention,
so
far
as
claimed
in
a
claim,
was
secretly
used
in
New
Zealand
before
the
priority
date
of
that
claim:
(f)
that
granting
the
patent
would
be
contrary
to
law
.
(2)
For
the
purposes
of
subsection
(1)(a),
account
must
not
be
taken
of
any
secret
use
of
the
invention.
(3)
For
the
purposes
of
subsection
(1)(e),
account
must
not
be
taken
of
any
use
of
the
invention—
(a)
for
the
purpose
of
reasonable
trial
or
experiment
only
if
the
trial
or
experiment
is
conducted
by
,
on
behalf
of,
or
with
the
consent
of
the
nominated
person
or
any
person
from
whom
the
nominated
person
derives
title;
or
(b)
by
a
government
department
or
any
person
authorised
by
a
government
department,
in
consequence
of
the
nominated
person,
or
any
person
from
whom
the
nom-
inated
person
derives
title,
communicating
or
disclosing
68
2013
No
68
Patents
Act
2013
Part
3
s
94
the
invention
directly
or
indirectly
to
that
department
or
person;
or
(c)
by
any
other
person,
in
consequence
of
the
nominated
person,
or
any
person
from
whom
the
nominated
person
derives
title,
communicating
or
disclosing
the
invention
to
that
person
in
confidence
if
the
use
of
the
invention
is
without
the
consent
of
the
nominated
person
or
of
any
person
from
whom
the
nominated
person
derives
title.
93
Hearing
and
decision
by
Commissioner
If
the
grant
of
a
patent
is
opposed,
the
Commissioner
must—
(a)
give
the
applicant
and
the
opponent
a
reasonable
oppor
-
tunity
to
be
heard
before
deciding
a
case;
and
(b)
consider
whether
any
of
the
following
grounds
are
es-
tablished
on
the
balance
of
probabilities:
(i)
any
ground
set
out
in
section
92
that
is
relied
upon
by
the
opponent:
(ii)
any
other
ground
set
out
in
section
92
that
the
Commissioner
has
decided
to
take
into
account
(whether
relied
upon
by
the
opponent
or
not);
and
(c)
otherwise
decide
and
deal
with
the
case
in
the
pre-
scribed
manner
.
Re-examination
after
acceptance
94
Re-examination
befor
e
patent
is
granted
(1)
The
Commissioner
may
,
and
must
if
requested
to
do
so
by
any
person,
re
-
examine
a
patent
application
and
the
complete
specification
relating
to
the
application
on
or
after
the
date
of
the
publication
of
the
accepted
complete
specification
if
the
patent
has
not
been
granted.
(2)
A
request
under
subsection
(1)
must—
(a)
specify
1
or
more
of
the
grounds
set
out
in
section
92
that
the
person
wants
the
Commissioner
to
consider;
and
(b)
be
made
in
the
prescribed
manner
(if
any).
69
Part
3
s
95
Patents
Act
2013
2013
No
68
95
Re-examination
after
patent
is
granted
(1)
If
a
patent
has
been
granted,
the
Commissioner
may
,
and
must
if
requested
to
do
so
by
any
person,
re
-
examine
the
patent
ap-
plication
and
the
complete
specification
relating
to
the
appli-
cation.
(2)
A
request
under
subsection
(1)
must—
(a)
specify
1
or
more
of
the
grounds
set
out
in
section
1
14
that
the
person
wants
the
Commissioner
to
consider;
and
(b)
be
made
in
the
prescribed
manner
(if
any).
(3)
The
Commissioner
must
re
-
examine
a
patent
application
and
the
complete
specification
relating
to
the
application
if
the
val-
idity
of
a
patent
is
disputed
in
any
proceeding
before
the
court
under
this
Act
and
the
court
directs
the
Commissioner
to
con-
duct
a
re
-
examination.
Compare:
Patents
Act
1990
s
97
(Aust)
96
Relationship
between
r
e-examination
and
other
pr
oceedings
(1)
The
Commissioner
must
not
conduct
a
re
-
examination
under
this
subpart
if,—
(a)
in
the
case
of
section
94
,
an
opposition
proceeding
under
this
subpart
in
relation
to
the
application
is
pend-
ing:
(b)
in
the
case
of
section
95(1)
,—
(i)
a
relevant
proceeding
in
relation
to
the
patent
is
pending;
or
(ii)
a
proceeding
before
the
Commissioner
under
subpart
1
1
in
relation
to
the
patent
is
pending.
(2)
If
a
re
-
examination
under
this
subpart
has
commenced,
the
Commissioner
must
not
continue
the
re
-
examination
if,—
(a)
in
the
case
of
section
94
,
an
opposition
proceeding
under
this
subpart
in
relation
to
the
application
is
com-
menced:
(b)
in
the
case
of
section
95(1)
,—
(i)
a
relevant
proceeding
in
relation
to
the
patent
is
commenced
and
the
Commissioner
has
received
notification
of
the
commencement
of
that
pro-
ceeding;
or
70
2013
No
68
Patents
Act
2013
Part
3
s
97
(ii)
a
proceeding
before
the
Commissioner
under
subpart
1
1
in
relation
to
the
patent
is
commenced.
(3)
If
a
re
-
examination
has
been
discontinued
under
subsection
(2),
the
Commissioner
may
,
if
he
or
she
thinks
fit,
continue
the
re
-
examination
after
the
opposition
proceeding,
relevant
proceeding,
or
proceeding
under
subpart
1
1
(as
the
case
may
be)
is
completed.
(4)
Despite
sections
94(1)
and
95(1)
,
the
Commissioner
is
not
re-
quired
to
conduct
a
re
-
examination
after
receiving
a
request
under
either
of
those
subsections
if
the
Commissioner
consid-
ers
that
all
of
the
issues
raised
in
relation
to
the
request
are
the
same,
or
substantially
the
same,
as
those
raised
in
a
previous
opposition
or
re
-
examination
proceeding
under
this
subpart
or
a
previous
proceeding
before
the
Commissioner
or
the
court
under
subpart
1
1
.
(5)
On
a
re
-
examination
under
section
94
or
95(1)
,
the
Commis-
sioner
may
refuse
to
consider
any
issue
that
the
Commissioner
considers
is
the
same,
or
substantially
the
same,
as
an
issue
raised
in
a
previous
opposition
or
re
-
examination
proceeding
under
this
subpart
or
a
previous
proceeding
before
the
Com-
missioner
or
the
court
under
subpart
1
1
.
(6)
Sections
94
,
95
,
and
97
are
subject
to
this
section.
97
Report
on
r
e-examination
(1)
On
a
re
-
examination
under
this
subpart,
the
Commissioner
must
consider
and
report
on
whether
the
Commissioner
is
sat-
isfied,
on
the
balance
of
probabilities,
that
any
of
the
relevant
grounds
are
established.
(2)
For
the
purposes
of
subsection
(1)
and
sections
98
and
99
,
r
elevant
gr
ounds
means,—
(a)
in
the
case
of
a
request
under
section
94(1)
,
the
grounds
specified
under
section
94(2)(a)
and
any
other
grounds
set
out
in
section
92
that
the
Commissioner
has
decided
to
consider:
(b)
in
the
case
of
a
re
-
examination
under
section
94
that
is
commenced
by
the
Commissioner
,
the
grounds
set
out
in
section
92
that
the
Commissioner
has
decided
to
consider:
71
Part
3
s
98
Patents
Act
2013
2013
No
68
(c)
in
the
case
of
a
request
under
section
95(1)
,
the
grounds
specified
under
section
95(2)(a)
and
any
other
grounds
set
out
in
section
1
14
that
the
Commissioner
has
decided
to
consider:
(d)
in
the
case
of
a
re
-
examination
under
section
95
that
is
commenced
by
the
Commissioner
,
the
grounds
set
out
in
section
1
14
that
the
Commissioner
has
decided
to
consider:
(e)
in
the
case
of
a
re
-
examination
that
was
directed
under
section
95(3)
,
the
grounds
set
out
in
section
1
14
that
the
court
has
asked
the
Commissioner
to
consider
.
(3)
A
copy
of
a
report
under
this
section
must,
if
the
re
-
examin-
ation
was
directed
under
section
95(3),
be
given
by
the
Com-
missioner
to
the
court
that
gave
the
direction.
Compare:
Patents
Act
1990
ss
98,
100
(Aust)
98
Refusal
to
grant
patent:
r
e-examination
befor
e
grant
(1)
If
the
Commissioner
reports
on
a
re
-
examination
under
section
94
that
he
or
she
is
satisfied,
on
the
balance
of
probabilities,
that
any
of
the
relevant
grounds
are
established,
the
Commis-
sioner
may
refuse
to
grant
the
patent.
(2)
The
Commissioner
must
not
refuse
to
grant
a
patent
under
this
section
unless
the
Commissioner
has,
if
appropriate,
given
the
applicant
a
reasonable
opportunity
to
amend
the
relevant
spe-
cification
for
the
purpose
of
removing
any
lawful
ground
of
objection
and
the
applicant
has
failed
to
do
so.
Compare:
Patents
Act
1990
s
100A
(Aust)
99
Revocation
of
patent:
r
e-examination
after
grant
(1)
If
the
Commissioner
reports
on
a
re
-
examination
under
sec-
tion
95
that
he
or
she
is
satisfied,
on
the
balance
of
probabil-
ities,
that
any
of
the
relevant
grounds
are
established,
the
Com-
missioner
may
,
by
notice
in
writing,
revoke
the
patent,
either
wholly
or
in
so
far
as
it
relates
to
a
particular
claim
(as
the
case
may
be).
(2)
The
Commissioner
must
not
revoke
a
patent
under
this
sec-
tion
unless
the
Commissioner
has,
if
appropriate,
given
the
patentee
a
reasonable
opportunity
to
amend
the
relevant
spe-
72
2013
No
68
Patents
Act
2013
Part
3
s
101
cification
for
the
purpose
of
removing
any
lawful
ground
of
objection
and
the
patentee
has
failed
to
do
so.
(3)
The
Commissioner
must
not
revoke
a
patent
under
this
sec-
tion—
(a)
while
a
relevant
proceeding
in
relation
to
that
patent
is
pending;
or
(b)
before
the
Commissioner
has
made
a
decision
on
an
ap-
plication
for
revocation
of
the
patent
made
under
sec-
tion
1
12
(if
an
application
has
been
made
to
the
Com-
missioner
under
that
section).
(4)
Subpart
1
1
(which
relates
to
the
revocation
and
surrender
of
patents)
does
not
limit
this
section.
Compare:
Patents
Act
1990
s
101
(Aust)
100
Person
who
r
equests
r
e-examination
has
no
right
to
participate
further
in
r
e-examination
pr
oceeding
(1)
A
person
who
has
made
a
request
under
section
94(1)
or
95(1)
—
(a)
does
not
have
a
right
to
be
heard
in
relation
to
the
re
-
examination;
and
(b)
does
not
have
any
other
right
to
participate
in
the
re
-
examination
proceeding
after
the
request
is
made;
and
(c)
does
not
have
a
right
to
appeal
to
the
court
against
any
decision
of
the
Commissioner
under
any
of
sections
94
to
99
.
(2)
Section
214
(which
relates
to
appeals
of
decisions
of
the
Com-
missioner)
is
subject
to
this
section.
Subpart
10—
Grant
of
patent
General
rules
101
When
patent
must
be
granted
(1)
The
Commissioner
must
grant
a
patent
to
the
nominated
per
-
son,
or
to
2
or
more
nominated
persons
jointly
,
as
soon
as
is
reasonably
practicable
after
the
date
that
is
3
months
after
the
date
of
the
publication
of
the
accepted
complete
specification
if—
(a)
there
is
no
opposition
to
the
grant;
or
73
Part
3
s
102
Patents
Act
2013
2013
No
68
(b)
in
spite
of
opposition,
the
Commissioner
’
s
decision,
or
the
decision
on
appeal,
is
that
a
patent
should
be
granted.
(2)
However
,
if,
before
the
patent
is
granted,
a
re
-
examination
pro-
ceeding
is
commenced
under
section
94
(whether
as
a
result
of
a
request
or
a
decision
of
the
Commissioner)
and
that
proceed-
ing
has
not
been
discontinued
or
ended
under
section
96
,
the
Commissioner—
(a)
must
not
act
under
subsection
(1)
until
after
the
Com-
missioner
has
prepared
a
report
under
section
97
;
and
(b)
may
refuse
to
grant
the
patent
in
accordance
with
sec-
tion
98
.
(3)
The
Commissioner
may
postpone
the
grant
of
the
patent
in
the
prescribed
circumstances.
(4)
If
a
nominated
person
dies
before
a
patent
is
granted
on
the
patent
application,
the
patent
may
be
granted
to
his
or
her
per
-
sonal
representative.
(5)
The
date
that
the
patent
is
granted
must
be
entered
in
the
patents
register
.
(6)
The
Commissioner
must,
as
soon
as
is
reasonably
practicable
after
a
patent
has
been
granted,
publish
in
the
journal
a
notice
that
it
has
been
granted.
Compare:
1953
No
64
s
27(1)
102
V
alidity
of
patent
not
guaranteed
Nothing
done
under
this
Act
guarantees
the
granting
of
a
patent,
or
that
a
patent
is
valid,
in
New
Zealand
or
anywhere
else.
Compare:
Patents
Act
1990
s
20(1)
(Aust)
103
Patent
date
(1)
Every
patent
must
be
given
a
patent
date
that
is—
(a)
the
filing
date
of
the
relevant
complete
specification;
or
(b)
if
the
regulations
provide
for
the
determination
of
a
dif-
ferent
date
as
the
patent
date,
the
date
determined
under
the
regulations.
(2)
However
,—
74
2013
No
68
Patents
Act
2013
Part
3
s
106
(a)
a
patent
is
not
in
force
for
the
purposes
of
this
Act
until
it
is
granted;
and
(b)
see
section
81
,
which
confers
certain
pre
-
grant
rights,
but
only
after
the
relevant
complete
specification
be-
comes
open
to
public
inspection.
(3)
The
patent
date
of
every
patent
must
be
entered
in
the
patents
register
.
Compare:
1953
No
64
s
30(1),
(2)
;
Patents
Act
1990
s
65
(Aust)
104
Patent
granted
for
one
invention
only
(1)
A
patent
must
be
granted
for
one
invention
only
.
(2)
However
,
it
is
not
competent
for
any
person
in
an
action
or
other
proceeding
to
take
any
objection
to
a
patent
on
the
ground
that
it
has
been
granted
for
more
than
1
invention.
Compare:
1953
No
64
s
29(4)
105
Amendment
of
patent
granted
to
deceased
person
or
to
body
corporate
that
has
been
liquidated
or
wound
up
(1)
This
section
applies
if,
at
any
time
after
a
patent
has
been
granted,
the
Commissioner
is
satisfied
that
the
person
to
whom
the
patent
was
granted—
(a)
had
died
before
the
patent
was
granted;
or
(b)
in
the
case
of
a
body
corporate,
had
ceased
to
exist
be-
fore
the
patent
was
granted.
(2)
The
Commissioner
may
amend
the
patent
by
substituting
for
the
name
of
that
person
the
name
of
the
person
to
whom
the
patent
should
have
been
granted.
(3)
The
patent
has
ef
fect,
and
is
to
be
treated
as
always
having
had
ef
fect,
in
accordance
with
that
amendment.
Compare:
1953
No
64
s
28
Patents
of
addition
106
Patents
of
addition
(1)
This
section
applies
if—
(a)
a
patent
for
an
invention
(the
main
invention
)
has
been
applied
for
or
granted;
and
(b)
the
applicant
or
patentee
(or
a
person
authorised
by
the
applicant
or
patentee)
applies
for
a
further
patent
for
an
75
Part
3
s
107
Patents
Act
2013
2013
No
68
improvement
in,
or
modification
of,
the
main
invention;
and
(c)
the
application
for
that
further
patent
is
made
in
the
pre-
scribed
manner
.
(2)
The
Commissioner
may
,
on
the
request
of
the
applicant
for
the
further
patent,
grant
the
patent
for
the
improvement
or
modi-
fication
as
a
patent
of
addition.
Compare:
1953
No
64
s
34(1)
;
Patents
Act
1990
s
81(1)
(Aust)
107
Commissioner
may
r
evoke
patent
for
impr
ovement
or
modification
and
grant
patent
of
addition
(1)
This
section
applies
if—
(a)
an
invention
that
is
an
improvement
in,
or
modification
of,
another
invention
is
the
subject
of
an
independent
patent;
and
(b)
the
patentee
of
that
patent
is
also
the
patentee
of
the
patent
for
the
main
invention.
(2)
The
Commissioner
may
,
on
the
request
of
the
patentee,
by
order
revoke
the
patent
for
the
improvement
or
modification
and
grant
to
the
patentee
a
patent
of
addition
for
the
improve-
ment
or
modification.
(3)
A
request
under
subsection
(2)
must
be
made
in
the
prescribed
manner
(if
any).
(4)
The
patent
of
addition
must
have
the
same
patent
date
as
the
patent
date
of
the
patent
that
is
revoked.
Compare:
1953
No
64
s
34(2)
108
Restrictions
on
granting
of
patents
of
addition
(1)
The
Commissioner
must
not
grant
a
patent
as
a
patent
of
add-
ition
unless
the
filing
date
of
the
complete
specification
is
the
same
as,
or
later
than,
the
filing
date
of
the
complete
specifi-
cation
for
the
main
invention.
(2)
The
Commissioner
must
not
grant
a
patent
of
addition
before
the
granting
of
the
patent
for
the
main
invention.
Compare:
1953
No
64
s
34(3),
(4)
109
T
erm
of
patent
of
addition
(1)
A
patent
of
addition—
76
2013
No
68
Patents
Act
2013
Part
3
s
1
1
1
(a)
must
be
granted
for
a
term
equal
to
that
of
the
patent
for
the
main
invention,
or
as
much
of
the
term
of
the
patent
for
the
main
invention
that
is
unexpired;
and
(b)
remains
in
force
during
that
term
or
until
the
earlier
of
expiry
or
revocation
of
the
patent
for
the
main
inven-
tion.
(2)
However
,
if
the
patent
for
the
main
invention
is
revoked
under
this
Act,
the
court
or
the
Commissioner
(as
the
case
may
be)
may
order
that
the
patent
of
addition
become,
and
continue
in
force
as,
an
independent
patent
for
the
remainder
of
the
term
of
the
patent
for
the
main
invention.
Compare:
1953
No
64
s
34(5)
1
10
Renewal
fees
for
patents
of
addition
(1)
No
renewal
fees
are
payable
in
respect
of
a
patent
of
addition.
(2)
However
,
if
any
patent
of
addition
becomes
an
independent
patent
under
section
109(2)
,
the
renewal
fees
are
payable
from
that
time,
on
the
same
dates,
as
if
the
patent
had
been
originally
granted
as
an
independent
patent.
Compare:
1953
No
64
s
34(6)
1
1
1
Pr
ovisions
concerning
inventive
step
r
equir
ement
and
validity
in
connection
with
patents
of
addition
(1)
The
grant
of
a
patent
of
addition
must
not
be
refused,
and
a
patent
granted
as
a
patent
of
addition
must
not
be
revoked
or
invalidated,
on
the
ground
only
that
the
invention
claimed
in
the
complete
specification
of
the
patent
of
addition
does
not
involve
any
inventive
step
having
regard
to
any
publication
or
use
of—
(a)
the
main
invention
described
in
the
complete
specifica-
tion
for
the
main
invention;
or
(b)
any
improvement
in,
or
modification
of,
the
main
in-
vention
described
in
the
complete
specification
of—
(i)
a
patent
of
addition
to
the
patent
for
the
main
invention;
or
(ii)
an
application
for
a
patent
of
addition
to
the
patent
for
the
main
invention.
77
Part
3
s
1
12
Patents
Act
2013
2013
No
68
(2)
The
validity
of
a
patent
of
addition
must
not
be
questioned
on
the
ground
that
the
invention
should
have
been
the
subject
of
an
independent
patent.
Compare:
1953
No
64
s
34(7)
Subpart
1
1—
Revocation
and
surrender
of
patents
1
12
Revocation
of
patent
(1)
The
Commissioner
or
the
court
may
,
on
an
application
under
this
section,
revoke
a
patent
on
any
of
the
grounds
set
out
in
section
1
14
.
(2)
An
application
under
this
section
may
be
made
by
any
person.
(3)
An
application
to
the
Commissioner
under
this
section
must
be
made
in
the
prescribed
manner
(if
any).
Compare:
1953
No
64
ss
41(1),
(3)
,
42
1
13
Pr
ovisions
concerning
applications
for
r
evocation
made
to
Commissioner
(1)
The
Commissioner
may
refuse
any
application
to
the
Commis-
sioner
under
section
1
12
if
the
Commissioner
considers
that—
(a)
the
application
is
frivolous
or
vexatious;
or
(b)
all
of
the
issues
raised
by
the
application
are
the
same,
or
substantially
the
same,
as
the
issues
raised
in
a
previous
opposition
or
re
-
examination
proceeding
under
subpart
9
or
in
a
previous
proceeding
before
the
Commissioner
or
the
court
under
this
subpart.
(2)
The
Commissioner
may
,
in
considering
an
application
under
section
1
12
,
refuse
to
consider
any
issue
that
the
Commis-
sioner
considers
is
the
same,
or
substantially
the
same,
as
an
issue
raised
in
a
previous
opposition
or
re
-
examination
pro-
ceeding
under
subpart
9
or
in
a
previous
proceeding
before
the
Commissioner
or
the
court
under
this
subpart.
(3)
If
a
relevant
proceeding
in
relation
to
a
patent
is
pending
in
any
court,
an
application
to
the
Commissioner
under
section
1
12
may
be
made
only
with
the
leave
of
that
court.
(4)
If
an
application
is
made
to
the
Commissioner
under
section
1
12
,
the
Commissioner
must—
(a)
notify
the
patentee;
and
78
2013
No
68
Patents
Act
2013
Part
3
s
1
14
(b)
give
to
the
person
who
made
the
application
and
the
pa-
tentee
a
reasonable
opportunity
to
be
heard
before
de-
ciding
the
case
(unless
the
application
has
been
refused
under
subsection
(1)).
(5)
The
Commissioner
may
,
at
any
stage
of
a
proceeding
relating
to
an
application
made
to
the
Commissioner
under
section
1
12,
refer
the
application
to
the
court.
(6)
If,
on
an
application
made
to
the
Commissioner
under
section
1
12
,
the
Commissioner
is
satisfied,
on
the
balance
of
probabil-
ities,
that
any
of
the
grounds
set
out
in
section
1
14
are
estab-
lished,
the
Commissioner
may
by
order
direct
that
the
patent
is
either—
(a)
revoked
unconditionally;
or
(b)
revoked
unless
the
complete
specification
is
amended
to
the
Commissioner
’
s
satisfaction
within
the
time
that
is
specified
in
the
order
.
Compare:
1953
No
64
s
42(3)
1
14
Gr
ounds
for
r
evoking
patent
(1)
A
patent
may
be
revoked
on
1
or
more
of
the
following
grounds:
(a)
that
the
invention,
so
far
as
claimed
in
a
claim,
is
not
a
patentable
invention
under
section
14
:
(b)
that
the
patentee
is
not
entitled
to
the
patent:
(c)
that
the
complete
specification
does
not
comply
with
subpart
2
(which
relates
to
specification
requirements):
(d)
that
the
patent
was
obtained
by
fraud,
false
suggestion,
or
a
misrepresentation:
(e)
that
the
invention,
so
far
as
claimed
in
a
claim,
was
secretly
used
in
New
Zealand
before
the
priority
date
of
that
claim:
(f)
that
the
patent
has
been
granted
contrary
to
law
.
(2)
For
the
purposes
of
subsection
(1)(a),
account
must
not
be
taken
of
any
secret
use
of
the
invention.
(3)
For
the
purposes
of
subsection
(1)(e),
account
must
not
be
taken
of
any
use
of
the
invention—
(a)
for
the
purpose
of
reasonable
trial
or
experiment
only
if
the
trial
or
experiment
is
conducted
by
,
on
behalf
of,
or
79
Part
3
s
1
15
Patents
Act
2013
2013
No
68
with
the
consent
of
the
nominated
person
or
any
person
from
whom
the
nominated
person
derives
title;
or
(b)
by
a
government
department
or
any
person
authorised
by
a
government
department,
in
consequence
of
the
nominated
person,
or
any
person
from
whom
the
nom-
inated
person
derives
title,
communicating
or
disclosing
the
invention
directly
or
indirectly
to
that
department
or
person;
or
(c)
by
any
other
person,
in
consequence
of
the
nominated
person,
or
any
person
from
whom
the
nominated
person
derives
title,
communicating
or
disclosing
the
invention
to
that
person
in
confidence
if
the
use
of
the
invention
is
without
the
consent
of
the
nominated
person
or
of
any
person
from
whom
the
nominated
person
derives
title.
(4)
Every
ground
set
out
in
subsection
(1)
is
available
as
a
ground
of
defence
in
any
proceeding
for
the
infringement
of
the
patent.
Compare:
1953
No
64
s
41(1),
(2),
(4)
1
15
Court
may
also
r
evoke
patent
if
patentee,
without
r
easonable
cause,
r
efuses
r
equest
of
government
department
to
exploit
invention
(1)
The
court
may
,
on
the
application
of
a
government
department,
revoke
a
patent
if
the
court
is
satisfied
that
the
patentee
has,
without
reasonable
cause,
failed
to
comply
with
a
request
of
the
government
department
to
exploit
the
patented
invention
for
the
services
of
the
Crown
on
reasonable
terms.
(2)
The
ground
for
revoking
a
patent
set
out
in
subsection
(1)
is
available
as
a
ground
of
defence
in
any
proceeding
for
the
infringement
of
the
patent.
Compare:
1953
No
64
s
41(3)(a)
1
16
Surr
ender
of
patent
(1)
A
patentee
may
,
by
notice
given
to
the
Commissioner
in
the
prescribed
manner
(if
any),
of
fer
to
surrender
the
patent.
(2)
The
Commissioner
must
publish
the
of
fer
in
the
journal.
(3)
A
person
may
,
within
the
prescribed
period
after
the
publi-
cation,
give
notice
to
the
Commissioner
of
opposition
to
the
surrender
.
80
2013
No
68
Patents
Act
2013
Part
3
s
1
18
(4)
The
Commissioner
must
notify
the
patentee
if
notice
of
oppos-
ition
is
given.
(5)
The
Commissioner
may
accept
the
of
fer
and
by
order
revoke
the
patent
if—
(a)
the
Commissioner
has
given
the
patentee
and
the
oppo-
nent
(if
any)
a
reasonable
opportunity
to
be
heard;
and
(b)
the
Commissioner
is
satisfied
that
the
patent
may
prop-
erly
be
surrendered.
Compare:
1953
No
64
s
43
Subpart
12—
Restoration
of
lapsed
patents
and
restoration
of
patent
applications
Restoration
of
lapsed
patents
1
17
Restoration
of
lapsed
patents
(1)
This
section
applies
if
a
patent
has
ceased
to
have
ef
fect
by
reason
of
a
failure
to
pay
any
renewal
fee
within
the
prescribed
period
or
within
that
period
as
extended
under
section
21
.
(2)
The
Commissioner
may
,
on
a
request
made
in
the
prescribed
manner
and
in
accordance
with
this
subpart,
by
order
restore
the
patent,
and
any
patent
of
addition
specified
in
the
request
that
has
ceased
to
have
ef
fect
when
the
patent
ceased
to
have
ef
fect,
if
the
Commissioner
is
satisfied
that
the
failure
to
pay
the
renewal
fee
was
unintentional.
Compare:
1953
No
64
s
35(1)
1
18
Request
must
describe
cir
cumstances
that
led
to
failur
e
to
pay
r
enewal
fee
(1)
A
request
for
an
order
under
section
1
17
must
contain
a
state-
ment
that
fully
sets
out
the
circumstances
that
led
to
the
failure
to
pay
the
renewal
fee.
(2)
The
Commissioner
may
require
the
person
who
makes
the
re-
quest
to
provide
any
further
evidence
that
the
Commissioner
thinks
fit.
Compare:
1953
No
64
s
35(3)
81
Part
3
s
1
19
Patents
Act
2013
2013
No
68
1
19
Persons
who
may
make
r
equest
for
r
estoration
of
patent
(1)
A
request
for
an
order
under
section
1
17
may
be
made
by
the
person
who
was
the
patentee
or
,
if
that
person
is
deceased,
by
that
person’
s
personal
representative.
(2)
If
the
patent
was
held
by
2
or
more
persons
jointly
,
the
request
for
an
order
under
section
1
17
may
,
with
the
leave
of
the
Com-
missioner
,
be
made
by
1
or
more
of
them
without
joining
the
others.
Compare:
1953
No
64
s
35(2)
120
When
r
equest
for
r
estoration
of
patent
may
be
made
(1)
A
request
for
an
order
under
section
1
17
may
only
be
made
within
the
prescribed
period.
(2)
However
,
the
Commissioner
may
extend
the
period
within
which
a
request
may
be
made
if
the
Commissioner
is
satis-
fied
that
there
was
no
undue
delay
in
making
the
request.
(3)
The
person
who
makes
the
request
must,
for
the
purposes
of
subsection
(2),
provide
the
Commissioner
with
a
statement
that
fully
sets
out
the
circumstances
that
caused
the
delay
and
the
reasons
why
the
delay
is
not
undue.
(4)
The
Commissioner
may
require
that
person
to
provide
any
fur
-
ther
evidence
that
the
Commissioner
thinks
fit.
121
Commissioner
must
give
person
who
made
r
equest
r
easonable
opportunity
to
be
heard
if
not
satisfied
that
prima
facie
case
has
been
made
out
for
r
estoration
The
Commissioner
must,
after
considering
a
request
made
in
accordance
with
sections
1
17
to
120
,
give
the
person
who
made
the
request
a
reasonable
opportunity
to
be
heard
if
the
Commissioner
is
not
satisfied
that
a
prima
facie
case
has
been
made
out
for
an
order
under
section
1
17
.
122
Commissioner
to
publish
r
equest
in
journal
The
Commissioner
must
publish
a
request
made
in
accordance
with
sections
1
17
to
120
in
the
journal
if
the
Commissioner
is
satisfied
that
a
prima
facie
case
has
been
made
out
for
an
order
under
section
1
17
.
Compare:
1953
No
64
s
35(4)
82
2013
No
68
Patents
Act
2013
Part
3
s
124
123
Notice
of
opposition
and
r
easonable
opportunity
to
be
heard
(1)
Any
person
may
,
within
the
prescribed
period
and
in
the
pre-
scribed
manner
(if
any),
give
notice
to
the
Commissioner
of
opposition
to
an
order
being
made
under
section
1
17
on
either
or
both
of
the
following
grounds:
(a)
that
the
failure
to
pay
the
renewal
fee
was
not
uninten-
tional:
(b)
if
the
period
within
which
a
request
for
an
order
under
section
1
17
may
be
made
is
extended
under
section
120
,
that
the
delay
in
making
the
request
was
undue.
(2)
The
Commissioner
must
notify
the
person
who
made
the
re-
quest
if
a
person
has
given
notice
under
subsection
(1)
and
provide
the
person
who
made
the
request
with
a
copy
of
that
notice.
(3)
The
Commissioner
must
give
the
person
who
made
the
request
and
the
opponent
a
reasonable
opportunity
to
be
heard
before
the
Commissioner
decides
the
case.
Compare:
1953
No
64
s
35(4),
(5)
124
Order
to
be
made
on
payment
of
unpaid
fees
(1)
If
the
Commissioner
has
published
a
request
under
section
122
,
he
or
she
must
make
an
order
under
section
1
17
in
ac-
cordance
with
the
request
after
the
prescribed
period
for
giv-
ing
notice
of
opposition
if—
(a)
all
unpaid
renewal
fees
are
paid;
and
(b)
all
other
prescribed
additional
penalties
(if
any)
are
paid;
and
(c)
either—
(i)
no
notice
of
opposition
is
given
within
the
pre-
scribed
period;
or
(ii)
the
decision
of
the
Commissioner
is
in
favour
of
the
person
who
made
the
request
(in
the
case
of
a
notice
of
opposition
having
been
given
within
the
prescribed
period).
(2)
An
order
for
the
restoration
of
a
patent—
(a)
may
be
made
subject
to
a
condition
requiring
the
regis-
tration
of
any
matter
if
the
provisions
of
this
Act
con-
83
Part
3
s
125
Patents
Act
2013
2013
No
68
cerning
entries
in
the
patents
register
have
not
been
complied
with;
and
(b)
must
contain,
or
be
subject
to,
the
provisions
that
are
prescribed
for
the
protection
or
compensation
of
per
-
sons
who
availed
themselves,
or
took
definite
steps
by
way
of
contract
or
otherwise
to
avail
themselves,
of
the
invention
between
the
date
when
the
patent
ceased
to
have
ef
fect
and
the
date
on
which
the
request
is
pub-
lished
under
section
122;
and
(c)
may
be
made
subject
to
any
other
conditions
that
the
Commissioner
thinks
fit.
(3)
If
any
condition
of
an
order
under
this
section
is
not
complied
with
by
the
patentee,
the
Commissioner
may
revoke
the
order
and
give
any
directions
that
are
consequential
on
the
revoca-
tion
that
the
Commissioner
thinks
fit.
(4)
The
Commissioner
must,
before
the
Commissioner
makes
a
decision
under
subsection
(3),
give
the
patentee
a
reasonable
opportunity
to
be
heard.
Compare:
1953
No
64
s
35(5)–(7)
Restoration
of
patent
applications
125
Request
for
r
estoration
of
void
or
abandoned
patent
applications
(1)
This
section
applies
if—
(a)
the
patent
application
is
abandoned
under
section
35
,
64
,
or
68
or
is
void
under
section
71
or
73
;
or
(b)
in
the
case
of
a
T
reaty
application,
the
T
reaty
applica-
tion
is
void
under
section
51(1)(d)
or
(e)
.
(2)
The
applicant
may
make
a
request
to
the
Commissioner
in
the
prescribed
manner
for
an
order
to
restore
the
patent
application
and
to
extend
the
period
for
complying
with
the
requirements
imposed
on
the
applicant
by
or
under
this
Act
or
the
Patent
Co-
operation
T
reaty
(as
the
case
may
be)
to
a
date
that
is
specified
in
the
order
.
(3)
Every
request
for
an
order
must
contain
a
statement
that
fully
sets
out
the
circumstances
that
led
to
the
failure
of
the
applicant
to
comply
with
the
requirements
imposed
on
the
applicant
by
84
2013
No
68
Patents
Act
2013
Part
3
s
127
or
under
this
Act
or
the
Patent
Cooperation
T
reaty
(as
the
case
may
be).
(4)
The
Commissioner
must
publish
the
request
in
the
journal
if
the
Commissioner
is
satisfied
that
the
failure
of
the
applicant
to
comply
with
the
requirements
imposed
on
the
applicant
by
or
under
this
Act
or
the
Patent
Cooperation
T
reaty
(as
the
case
may
be)
within
the
time
allowed
by
or
under
this
Act
was
un-
intentional.
Compare:
1953
No
64
s
37(1),
(2)
126
When
r
equest
for
r
estoration
of
application
may
be
made
(1)
A
request
under
section
125
may
only
be
made
within
the
pre-
scribed
period.
(2)
However
,
the
Commissioner
may
extend
the
period
within
which
a
request
may
be
made
if
the
Commissioner
is
satis-
fied
that
there
was
no
undue
delay
in
making
the
request.
(3)
The
applicant
must,
for
the
purposes
of
subsection
(2),
pro-
vide
the
Commissioner
with
a
statement
that
fully
sets
out
the
circumstances
that
caused
the
delay
and
the
reasons
why
the
delay
is
not
undue.
(4)
The
Commissioner
may
require
the
applicant
to
provide
any
further
evidence
that
the
Commissioner
thinks
fit.
127
Notice
of
opposition
(1)
Any
person
may
,
within
the
prescribed
period
and
in
the
pre-
scribed
manner
(if
any),
give
notice
to
the
Commissioner
of
opposition
to
an
order
being
made
under
section
128
on
either
or
both
of
the
following
grounds:
(a)
that
any
failure
of
the
applicant
to
comply
with
the
re-
quirements
imposed
on
the
applicant
by
or
under
this
Act
or
the
Patent
Cooperation
T
reaty
(as
the
case
may
be)
within
the
time
allowed
by
or
under
this
Act
was
not
unintentional:
(b)
if
the
period
within
which
a
request
under
section
125
may
be
made
is
extended
under
section
126,
that
the
delay
in
making
the
request
was
undue.
85
Part
3
s
128
Patents
Act
2013
2013
No
68
(2)
The
Commissioner
must
notify
the
applicant
if
a
person
has
given
notice
under
subsection
(1)
and
provide
the
applicant
with
a
copy
of
that
notice.
(3)
The
Commissioner
must
give
the
applicant
and
the
opponent
a
reasonable
opportunity
to
be
heard
before
the
Commissioner
decides
the
case.
Compare:
1953
No
64
s
37(3),
(4)
128
Commissioner
to
determine
matter
(1)
The
Commissioner
must,
after
the
expiry
of
the
prescribed
period
for
giving
notice
of
opposition
under
section
127,—
(a)
by
order
restore
the
patent
application
and
extend
the
period
for
complying
with
the
requirements
imposed
on
the
applicant
by
or
under
this
Act
or
the
Patent
Cooper
-
ation
T
reaty
(as
the
case
may
be)
to
a
period
that
is
spe-
cified
in
the
order
if
the
Commissioner
is
satisfied
that—
(i)
every
failure
of
the
applicant
to
comply
with
the
requirements
imposed
on
the
applicant
by
or
under
this
Act
or
the
Patent
Cooperation
T
reaty
(as
the
case
may
be)
within
the
time
allowed
by
or
under
this
Act
was
unintentional;
and
(ii)
if
the
period
within
which
the
request
for
an
order
under
this
section
may
be
made
was
extended
under
section
126
,
there
was
no
undue
delay
in
making
the
request;
or
(b)
dismiss
the
request.
(2)
An
order
under
this
section
must
contain,
or
be
subject
to,
the
provisions
that
are
prescribed
for
the
protection
or
compensa-
tion
of
persons
who
availed
themselves,
or
took
definite
steps
by
way
of
contract
or
otherwise
to
avail
themselves,
of
the
in-
vention
that
is
the
subject
of
the
patent
application
between
the
date
on
which
the
patent
application
became
void
or
was
aban-
doned
and
the
date
on
which
the
request
is
published
under
section
125.
(3)
The
Commissioner
must
publish
in
the
journal
the
making
of
an
order
under
subsection
(1)
after
that
order
is
made.
Compare:
1953
No
64
s
37(5),
(6)
86
2013
No
68
Patents
Act
2013
Part
3
s
131
Subpart
13—
Miscellaneous
provisions
Substitution
of
applicants
129
Persons
claiming
under
assignment
or
agr
eement
or
by
operation
of
law
(1)
This
section
applies
if,
before
a
patent
has
been
granted,
a
person
would,
if
the
patent
were
to
be
then
granted,
be
entitled
under
an
assignment
or
agreement,
or
by
operation
of
law
,
to—
(a)
the
patent;
or
(b)
an
interest
in
the
patent;
or
(c)
an
undivided
share
in
the
patent
or
in
an
interest
in
the
patent.
(2)
The
Commissioner
may
,
on
a
request
made
by
the
person
in
the
prescribed
manner
,
direct
that
the
patent
application
proceed
in
the
name
of
the
person,
or
in
the
names
of
the
person
and
the
applicant
or
the
other
joint
applicant
or
applicants
(as
the
case
may
require).
(3)
If
the
Commissioner
gives
a
direction,
the
person
must
be
taken
to
be—
(a)
the
applicant,
or
a
joint
applicant,
as
the
case
may
re-
quire;
and
(b)
the
nominated
person,
or
joint
nominated
person,
as
the
case
may
require.
Compare:
1953
No
64
s
24(1)
;
Patents
Act
1990
s
1
13
(Aust)
130
Death
of
applicant
(1)
If
an
applicant
dies
before
a
patent
is
granted
on
the
patent
application,
his
or
her
personal
representative
may
proceed
with
the
application.
(2)
However
,
the
Commissioner
may
also
dispense
with
probate
and
letters
of
administration
and
allow
a
person
to
proceed
with
a
deceased
applicant’
s
application
under
section
167
.
Compare:
Patents
Act
1990
s
215(1)
(Aust)
131
Disputes
between
inter
ested
parties
(1)
If
a
dispute
arises
between
interested
parties
in
relation
to
a
patent
application
concerning
whether
,
or
in
what
manner
,
the
application
should
proceed,
the
Commissioner
may
,
on
a
re-
87
Part
3
s
132
Patents
Act
2013
2013
No
68
quest
made
to
the
Commissioner
,
give
any
directions
that
the
Commissioner
thinks
fit—
(a)
for
enabling
the
application
to
proceed
in
the
name
of
1
or
more
of
the
parties
alone;
or
(b)
for
regulating
the
manner
in
which
it
is
to
proceed;
or
(c)
for
both
of
the
purposes
referred
to
in
paragraphs
(a)
and
(b).
(2)
A
request
under
subsection
(1)
must
be
made
in
the
prescribed
manner
and
may
be
made
by
any
of
the
parties.
(3)
The
Commissioner
must,
before
giving
a
direction,
give
a
rea-
sonable
opportunity
to
be
heard
to
any
person
that
the
Com-
missioner
considers
is
interested
(whether
or
not
that
person
is
currently
an
interested
party).
Compare:
1953
No
64
s
24(5)
Pr
ovisions
for
secr
ecy
of
certain
inventions
132
Dir
ections
in
r
elation
to
inventions
concerning
defence
(1)
The
Commissioner
may
give
any
of
the
directions
described
in
subsection
(2)
if—
(a)
a
patent
application
has
been
made
for
an
invention
either
before
or
after
the
commencement
of
this
section;
and
(b)
the
invention
is,
in
the
opinion
of
the
Commissioner
,—
(i)
one
of
a
class
notified
to
the
Commissioner
by
the
Minister
of
Defence
as
relevant
for
defence
purposes;
or
(ii)
likely
to
be
valuable
for
defence
purposes.
(2)
The
directions
are
directions—
(a)
for
prohibiting
or
restricting
the
publication
of
informa-
tion
concerning
the
invention;
or
(b)
for
prohibiting
or
restricting
the
communication
of
in-
formation
concerning
the
invention
to
a
person
or
class
of
persons
specified
in
the
directions.
(3)
While
the
directions
are
in
force,—
(a)
the
patent
application
may
,
subject
to
the
directions,
proceed
up
to
the
acceptance
of
the
complete
specifi-
cation;
and
88
2013
No
68
Patents
Act
2013
Part
3
s
135
(b)
the
patent
application
and
the
complete
specification
must
not
become
open
to
public
inspection;
and
(c)
a
patent
must
not
be
granted
in
relation
to
the
patent
application.
Compare:
1953
No
64
s
25(1)
133
Commissioner
must
give
notice
to
Minister
of
Defence
If
the
Commissioner
gives
directions
under
section
132
,
the
Commissioner
must
give
notice
of
the
patent
application
and
of
the
directions
to
the
Minister
of
Defence.
Compare:
1953
No
64
s
25(2)
134
Minister
of
Defence
must
consider
whether
publication
would
be
pr
ejudicial
to
defence
of
New
Zealand
(1)
The
Minister
of
Defence
must,—
(a)
on
receipt
of
a
notice
under
section
133
,
consider
whether
the
publication
of
the
invention
would
be
prejudicial
to
the
defence
of
New
Zealand;
and
(b)
unless
a
notice
under
subsection
(3)
has
been
given
to
the
Commissioner
,
reconsider
that
question
before
the
expiry
of
9
months
from
the
filing
date
of
the
patent
application
and
at
least
once
in
every
subsequent
year
.
(2)
For
the
purposes
of
subsection
(1),
the
Minister
of
Defence
may
,
at
any
time
after
the
complete
specification
has
been
ac-
cepted
or
,
with
the
consent
of
the
applicant,
at
any
time
be-
fore
the
complete
specification
has
been
accepted,
inspect
the
patent
application
and
any
documents
provided
to
the
Com-
missioner
in
connection
with
that
application.
(3)
If,
on
consideration
of
the
invention
at
any
time,
it
appears
to
the
Minister
of
Defence
that
the
publication
of
the
invention
would
not,
or
would
no
longer
,
be
prejudicial
to
the
defence
of
New
Zealand,
the
Minister
of
Defence
must
give
notice
to
the
Commissioner
to
that
ef
fect.
Compare:
1953
No
64
s
25(2)(a)–(c)
135
Commissioner
must
r
evoke
dir
ections
on
r
eceipt
of
notice
fr
om
Minister
of
Defence
On
receipt
of
a
notice
under
section
134
,
the
Commissioner—
(a)
must
revoke
the
directions
given
under
section
132
;
and
89
Part
3
s
136
Patents
Act
2013
2013
No
68
(b)
may
,
subject
to
any
conditions
that
the
Commissioner
thinks
fit,
extend
the
time
for
doing
anything
required
or
authorised
to
be
done
by
or
under
this
Act
in
connection
with
the
patent
application,
whether
or
not
that
time
has
previously
expired.
Compare:
1953
No
64
s
25(2)(d)
136
Acceptance
of
complete
specification
while
dir
ections
in
for
ce
(1)
This
section
applies
if
a
complete
specification
filed
for
a
patent
application
for
an
invention
for
which
directions
have
been
given
under
section
132
is
accepted
while
the
directions
are
in
force.
(2)
If
any
use
of
the
invention
is
made
while
the
directions
are
in
force
by
,
on
behalf
of,
or
to
the
order
of
a
government
depart-
ment,
subpart
6
of
Part
4
applies
to
that
use
as
if
the
patent
had
been
granted
for
the
invention.
(3)
If
it
appears
to
the
Minister
of
Defence
that
the
applicant
for
the
patent
has
suf
fered
hardship
by
reason
of
the
directions
be-
ing
in
force,
the
Minister
of
Finance
may
pay
to
the
applicant
an
amount
by
way
of
compensation
that
the
Minister
of
Fi-
nance
considers
is
reasonable.
(4)
For
the
purposes
of
subsection
(3),
the
Minister
of
Finance
must
have
regard
to—
(a)
the
novelty
and
usefulness
of
the
invention;
and
(b)
the
purpose
for
which
the
invention
is
designed;
and
(c)
any
other
relevant
matters.
Compare:
1953
No
64
s
25(3)
137
Maintenance
fees
and
r
enewal
fees
not
payable
while
dir
ections
in
for
ce
(1)
No
maintenance
fees
are
payable
for
any
period
during
which
directions
that
are
given
under
section
132
are
in
force.
(2)
No
renewal
fees
are
payable
for
any
period
during
which
direc-
tions
that
are
given
under
section
132
are
in
force
if
a
patent
is
granted
for
an
application
for
which
directions
have
been
given.
Compare:
1953
No
64
s
25(4)
90
2013
No
68
Patents
Act
2013
Part
4
s
140
138
Offence
to
fail
to
comply
with
dir
ections
(1)
Every
person
who
fails
to
comply
with
a
direction
given
under
section
132
commits
an
of
fence
if,
at
the
time
of
the
failure,
the
person
knew
or
ought
to
have
known
that
a
direction
had
been
given.
(2)
Every
person
who
commits
an
of
fence
against
subsection
(1)
is
liable
on
conviction
to
imprisonment
for
a
term
not
exceeding
2
years,
to
a
fine
not
exceeding
$20,000,
or
to
both.
Compare:
1953
No
64
s
25(6)
139
Liability
of
dir
ectors
and
managers
if
body
corporate
commits
offence
If
a
body
corporate
is
convicted
of
an
of
fence
against
section
138
,
every
director
and
every
person
concerned
in
the
man-
agement
of
the
body
corporate
is
guilty
of
the
of
fence
if
it
is
proved—
(a)
that
the
act
that
constituted
the
of
fence
took
place
with
his
or
her
authority
,
permission,
or
consent;
and
(b)
that
he
or
she—
(i)
knew
,
or
could
reasonably
be
expected
to
have
known,
that
the
of
fence
was
to
be
or
was
being
committed;
and
(ii)
failed
to
take
all
reasonable
steps
to
prevent
or
stop
it.
Compare:
1953
No
64
s
108
Part
4
Infringement,
other
patent
pr
oceedings,
and
matters
affecting
patent
ownership
Subpart
1—
Infringement
proceedings
What
constitutes
infringement
140
Infringement
by
doing
anything
patentee
has
exclusive
right
to
do
A
person
infringes
a
patent
if
(other
than
under
a
licence
or
with
the
consent
or
agreement
of
the
patentee)
the
person
does
91
Part
4
s
141
Patents
Act
2013
2013
No
68
anything
in
the
patent
area,
while
the
patent
is
in
force,
that
the
patentee
has
the
exclusive
right
to
do
under
section
18
.
Compare:
Patents
Act
1977
s
60(1)
(UK)
141
Infringement
by
supplying
means
to
infringe
to
another
person
A
person
(
A
)
also
infringes
a
patent
if
(other
than
under
a
li-
cence
or
with
the
consent
or
agreement
of
the
patentee)—
(a)
A
supplies,
or
of
fers
to
supply
,
in
the
patent
area,
while
the
patent
is
in
force,
another
person
(
B
)
with
any
of
the
means,
relating
to
an
essential
element
of
the
invention,
for
putting
the
invention
into
ef
fect;
and
(b)
either—
(i)
A
knows,
or
ought
reasonably
to
know
,
that
the
means
are
suitable
and
intended
by
B
for
putting
the
invention
into
ef
fect;
or
(ii)
if
the
means
is
a
staple
commercial
product,
A
supplies
the
means,
or
of
fers
to
supply
the
means,
for
the
purpose
of
inducing
B
to
put
the
invention
into
ef
fect;
and
(c)
B
would
infringe
the
patent
by
putting
the
invention
into
ef
fect.
Compare:
Patents
Act
1977
s
60(2)
(UK)
142
Pr
esumption
that
pr
oduct
pr
oduced
by
infringing
pr
ocess
(1)
If
a
patented
process
is
a
process
for
obtaining
a
new
product,
the
same
product
produced
by
a
person
(other
than
under
a
licence
or
with
the
consent
or
agreement
of
the
patentee)
is
presumed
in
an
infringement
proceeding
to
have
been
obtained
by
that
process.
(2)
Subsection
(1)
applies
unless
the
defendant
proves
the
con-
trary
.
(3)
In
applying
subsection
(1),
the
court
must
not
require
any
per
-
son
to
disclose
any
manufacturing
or
commercial
secrets
if
the
court
thinks
that
it
would
be
unreasonable
to
require
that
dis-
closure.
Compare:
1953
No
64
s
68A
92
2013
No
68
Patents
Act
2013
Part
4
s
144
What
does
not
constitute
infringement
143
No
infringement
for
experimental
use
(1)
It
is
not
an
infringement
of
a
patent
for
a
person
to
do
an
act
for
experimental
purposes
relating
to
the
subject
matter
of
an
invention.
(2)
In
this
section,
act
for
experimental
purposes
r
elating
to
the
subject
matter
of
an
invention
includes
an
act
for
the
purpose
of—
(a)
determining
how
the
invention
works:
(b)
determining
the
scope
of
the
invention:
(c)
determining
the
validity
of
the
claims:
(d)
seeking
an
improvement
of
the
invention
(for
example,
determining
new
properties,
or
new
uses,
of
the
inven-
tion).
Compare:
Patents
Act
1977
s
60(5)(b)
(UK)
144
No
infringement
by
use
in
or
fr
om
for
eign
vessels,
air
craft,
or
vehicles
(1)
It
is
not
an
infringement
of
a
patent
if—
(a)
an
invention
is
used—
(i)
on
board
a
foreign
vessel,
in
the
body
of
a
foreign
vessel,
or
in
a
foreign
vessel’
s
machinery
,
tackle,
apparatus,
or
other
accessories,
and
the
invention
is
used
for
the
vessel’
s
actual
needs
only;
or
(ii)
in
the
construction
or
working
of
a
foreign
air
-
craft
or
foreign
land
vehicle
or
of
a
foreign
air
-
craft’
s
or
foreign
land
vehicle’
s
accessories;
and
(b)
the
vessel,
aircraft,
or
land
vehicle
comes
into
the
patent
area
accidentally
or
only
temporarily
.
(2)
In
this
section,
for
eign
means—
(a)
registered
in
a
convention
country
,
in
the
case
of
a
vessel
or
aircraft;
or
(b)
owned
by
a
person
resident
or
incorporated
in
a
conven-
tion
country
,
in
the
case
of
a
land
vehicle.
Compare:
1953
No
64
s
79
93
Part
4
s
145
Patents
Act
2013
2013
No
68
145
No
infringement
for
use
to
pr
oduce
information
r
equir
ed
by
law
It
is
not
an
infringement
of
a
patent
for
a
person
to
make,
use,
import,
sell,
hire,
or
otherwise
dispose
of
the
invention
solely
for
uses
reasonably
related
to
the
development
and
submis-
sion
of
information
required
under
any
law
(whether
in
New
Zealand
or
elsewhere)
that
regulates
the
manufacture,
con-
struction,
use,
importation,
sale,
hire,
or
disposal
of
any
prod-
uct.
Compare:
1953
No
64
s
68B
146
No
infringement
for
prior
use
of
invention
(1)
It
is
not
an
infringement
of
a
patent
for
a
person
to
do
an
act
that
exploits
an
invention,
and
that
would
infringe
a
patent
apart
from
this
section,
if,
immediately
before
the
priority
date
of
the
relevant
claim,
the
person—
(a)
was
exploiting
the
invention
in
the
patent
area;
or
(b)
had
taken
definite
steps
(contractually
or
otherwise)
to
exploit
the
invention
in
the
patent
area.
(2)
Subsection
(1)
does
not
apply
if,
before
the
priority
date,
the
person—
(a)
had
stopped
(except
temporarily)
exploiting
the
inven-
tion;
or
(b)
had
abandoned
(except
temporarily)
the
steps
to
exploit
the
invention.
(3)
Subsection
(1)
does
not
apply
to
an
invention
the
person
de-
rived
from
any
of
the
following
persons,
unless
the
person
de-
rived
the
invention
from
information
that
was
made
publicly
available
by
or
with
the
consent
of
that
person:
(a)
the
patentee
or
nominated
person:
(b)
any
person
from
whom
the
patentee
or
nominated
per
-
son
derives
title.
(4)
A
person
(
A
)—
(a)
may
dispose
of
the
whole
of
A
’
s
entitlement
under
sub-
section
(1)
to
exploit
an
invention
without
infringing
a
patent
to
another
person
(
B
)
(and
in
this
case
subsec-
tions
(1)
to
(3)
apply
to
B
as
they
applied
to
the
first
person
who
had
that
entitlement
and
from
whom
B’
s
entitlement
was
directly
or
indirectly
derived);
but
94
2013
No
68
Patents
Act
2013
Part
4
s
149
(b)
may
not
license
any
or
all
of
A
’
s
entitlement
under
sub-
section
(1)
to
another
person.
(5)
This
section
applies
in
respect
of
a
patent
only
if—
(a)
the
relevant
patent
application
was
made
under
this
Act
on
or
after
the
commencement
of
Part
3
(and
section
258
did
not
apply);
or
(b)
this
Act
applies
to
the
relevant
patent
application
under
section
256
,
257
,
or
259(4)
.
Compare:
Patents
Act
1990
s
1
19
(Aust)
Counter
claim
for
r
evocation
of
patent
147
Defendant
may
counter
claim
for
r
evocation
of
patent
(1)
A
defendant
may
apply
by
way
of
counterclaim
in
an
infringe-
ment
proceeding
for
revocation
of
the
patent
on
any
of
the
grounds
stated
in
section
1
14.
(2)
If
the
defendant
is
a
government
department,
it
may
apply
by
way
of
counterclaim
in
an
infringement
proceeding
for
revoca-
tion
of
the
patent
on
the
ground
stated
in
section
1
15
(whether
or
not
it
also
applies
by
way
of
counterclaim
for
revocation
of
the
patent
on
any
of
the
grounds
stated
in
section
1
14
).
Bringing
infringement
pr
oceeding
in
court
148
Who
may
bring
infringement
pr
oceeding
(1)
An
infringement
proceeding
may
be
brought
in
court
by—
(a)
the
patentee:
(b)
an
exclusive
licensee
for
any
infringement
that
occurs
during
the
term
of
the
licence.
(2)
However
,
section
150
af
fects
the
right
to
bring
a
proceeding
under
this
section.
(3)
Nothing
in
subsection
(1),
section
81
,
or
section
150
enables
a
person
to
obtain
any
relief
the
granting
of
which
is
prevented
by
the
Limitation
Act
2010
.
149
When
pr
oceeding
may
be
br
ought
(1)
An
infringement
proceeding
may
not
be
brought
until
the
patent
is
granted.
95
Part
4
s
150
Patents
Act
2013
2013
No
68
(2)
However
,
section
81
enables
an
infringement
proceeding
to
relate
to
infringements
before
the
patent
is
granted
in
the
cir
-
cumstances
set
out
in
that
section.
150
Right
to
bring
infringement
pr
oceeding
if
r
egistrable
assignment
or
licence
has
occurr
ed
(1)
If
a
person
has
the
right
to
bring
an
infringement
proceeding
under
section
148(1)
by
virtue
of
a
transaction
that
must
be
registered
under
section
165,
that
person
must
not
bring
the
proceeding
unless—
(a)
the
person’
s
title
or
interest
was
registered
at
least
1
month
before
the
commencement
of
the
proceeding;
or
(b)
the
person
has—
(i)
given
at
least
1
month’
s
written
notice
to
the
pro-
posed
defendant
of
the
intention
to
bring
the
pro-
ceeding;
and
(ii)
registered
the
person’
s
title
or
interest
before
bringing
the
proceeding.
(2)
However
,
a
person
may
bring
an
infringement
proceeding
in
court,
despite
not
having
registered
the
person’
s
title
or
inter
-
est,
if—
(a)
the
person
would
be
entitled
to
do
so
under
section
148(1)
if
the
title
or
interest
was
registered;
and
(b)
the
person
has
given
at
least
1
month’
s
written
notice
to
the
proposed
defendant
of
the
intention
to
bring
the
proceeding
and
provided
an
address
for
service
in
New
Zealand;
and
(c)
within
that
notice
period,
the
proposed
defendant
has
not
required
the
proposed
plaintif
f
to
register
that
title
or
interest.
(3)
However
,
the
court
may
,
on
application
to
it,
authorise
a
person
to
bring
an
infringement
proceeding
in
court
without
comply-
ing
with
subsection
(1)
or
(2)(b).
151
Pr
oceeding
br
ought
by
exclusive
licensee
(1)
If
an
exclusive
licensee
brings
an
infringement
proceeding,
the
patentee
must
be
joined
as
a
defendant
(unless
joined
as
a
plaintif
f).
96
2013
No
68
Patents
Act
2013
Part
4
s
154
(2)
A
patentee
joined
as
a
defendant
is
not
liable
for
costs
unless
the
patentee
actually
defends
the
proceeding.
Compare:
1953
No
64
s
72
Relief
for
infringement
152
T
ypes
of
r
elief
available
for
infringement
The
relief
that
the
court
may
grant
for
an
infringement
of
a
patent
includes—
(a)
an
injunction;
and
(b)
at
the
option
of
the
plaintif
f,
damages
or
an
account
of
profits.
Compare:
1953
No
64
s
69
153
Court
must
not
award
damages
or
account
of
pr
ofits
if
innocent
infringement
(1)
The
court
must
not
award
damages
or
an
account
of
profits
for
infringement
of
a
patent
if
the
defendant
proves
that
at
the
date
of
the
infringement
the
defendant
did
not
know
,
and
ought
not
reasonably
to
have
known,
that
the
patent
existed
or
,
in
the
case
of
a
proceeding
under
section
81
,
that
the
complete
specification
had
become
open
to
public
inspection.
(2)
It
is
presumed
that
a
person
ought
reasonably
to
have
known
that
a
patent
existed
if—
(a)
a
product
is
marked
so
as
to
indicate
it
is
patented
in
New
Zealand
and
with
the
New
Zealand
patent
number;
and
(b)
the
person
knew
,
or
ought
reasonably
to
have
known,
of
the
product.
(3)
But
there
is
no
presumption
if
the
product
is
marked
merely
so
as
to
indicate
it
is
patented.
Compare:
1953
No
64
s
68(1)
154
Court
must
r
efuse
damages
or
account
of
pr
ofits
for
infringement
befor
e
amendment
to
accepted
specification
(1)
If
an
amendment
has
been
made
to
an
accepted
complete
spe-
cification
under
this
Act,
the
court
must
not
award
damages
or
an
account
of
profits
for
an
infringement
that
occurs
before
the
date
of
the
decision
to
allow
the
amendment.
97
Part
4
s
155
Patents
Act
2013
2013
No
68
(2)
Subsection
(1)
does
not
apply
if—
(a)
the
court
is
satisfied
that
the
specification,
as
accepted,
was
framed
in
good
faith
and
with
reasonable
skill
and
knowledge;
or
(b)
it
is
only
an
amendment
to
correct
an
obvious
mistake.
Compare:
1953
No
64
s
68(3)
155
Court
may
r
efuse
damages
or
account
of
pr
ofits
if
r
enewal
fees
not
paid
The
court
may
refuse
to
award
damages
or
an
account
of
profits
for
an
infringement
that
occurs
after
a
failure
to
pay
any
renewal
fee
for
the
patent
within
the
prescribed
period
and
before
any
extension
of
that
period.
Compare:
1953
No
64
s
68(2)
156
Limits
on
damages
and
accounts
of
pr
ofits
do
not
affect
power
to
grant
injunction
Nothing
in
sections
153
to
155
af
fects
the
court’
s
power
to
grant
an
injunction
in
an
infringement
proceeding.
Compare:
1953
No
64
s
68(4)
157
Court
may
grant
r
elief
for
partially
valid
patent
(1)
If
it
is
found
in
an
infringement
proceeding
that
a
patent
is
only
partially
valid,
the
court
may
grant
relief
for
that
part
of
the
patent
that
is
valid
and
infringed.
(2)
However
,
the
court
may
grant
damages,
an
account
of
profits,
or
costs
for
that
part
of
the
patent
only
if
the
plaintif
f
proves
that
the
invalid
claim
was
framed
in
good
faith
and
with
rea-
sonable
skill
and
knowledge.
(3)
It
is
at
the
court’
s
discretion
whether
or
not
to
grant
costs
and
as
to
the
date
from
which
damages
or
the
account
of
profits
should
be
counted.
(4)
The
court
may
,
as
a
condition
of
the
relief,
direct
that
the
speci-
fication
be
amended
by
an
application
under
section
89
(which
relates
to
the
amendment
of
a
specification
with
the
leave
of
the
court),
and
the
application
may
be
made
even
if
the
other
issues
in
the
infringement
proceeding
have
not
yet
been
deter
-
mined.
Compare:
1953
No
64
s
71
98
2013
No
68
Patents
Act
2013
Part
4
s
160
158
Court
may
grant
costs
for
subsequent
pr
oceeding
if
validity
of
specifications
contested
(1)
If
the
validity
of
a
claim
of
a
specification
is
contested
in
a
proceeding
and
the
court
finds
the
claim
to
be
valid,
the
court
may
certify
that
the
claim’
s
validity
was
contested
in
that
pro-
ceeding.
(2)
A
party
who
is
relying
on
the
validity
of
that
claim
in
any
sub-
sequent
infringement
or
revocation
proceeding
is
then
entitled
to
reasonable
solicitor
-
client
costs
for
the
certified
claim
if
a
final
order
or
judgment
is
made
or
given
in
favour
of
that
party
.
(3)
This
section
does
not
apply
to
the
costs
of
any
appeal
in
the
subsequent
proceeding.
Compare:
1953
No
64
s
73
Subpart
2—
Declarations
of
non-infringement
159
Application
for
declaration
of
non-infringement
(1)
A
person
who
wishes
to
exploit
an
invention
may
apply
to
a
court
for
a
declaration
that
the
exploitation
of
the
invention
would
not
infringe
a
claim
of
a
complete
specification.
(2)
An
application
may
be
made—
(a)
at
any
time
after
the
complete
specification
has
become
open
to
public
inspection;
and
(b)
whether
or
not
the
patentee
or
nominated
person
has
made
any
assertion
to
the
ef
fect
that
the
exploitation
of
the
invention
would
infringe
the
claim.
(3)
The
patentee
or
nominated
person
must
be
joined
as
a
respond-
ent
in
the
proceeding.
Compare:
Patents
Act
1990
s
125
(Aust)
160
Pr
oceeding
for
declaration
of
non-infringement
(1)
The
court
must
not
make
a
declaration
of
non
-
infringement
unless
a
patent
has
been
granted
in
respect
of
the
relevant
in-
vention
and—
(a)
the
applicant
for
the
declaration—
(i)
has
asked
the
nominated
person
or
patentee
in
writing
for
a
written
admission
that
the
proposed
99
Part
4
s
161
Patents
Act
2013
2013
No
68
exploitation
would
not
infringe
a
claim
of
the
complete
specification;
and
(ii)
has
given
the
nominated
person
or
patentee
full
written
particulars
of
the
proposed
exploitation;
and
(iii)
has
undertaken
to
pay
a
reasonable
sum
for
the
nominated
person’
s
or
patentee’
s
expenses
in
ob-
taining
advice
about
whether
the
proposed
ex-
ploitation
would
infringe
the
claim;
and
(b)
the
nominated
person
or
patentee
has
refused
or
failed
to
make
the
admission;
and
(c)
the
court
is
satisfied
that
the
proposed
exploitation
would
not
infringe
a
claim
of
the
complete
specifica-
tion.
(2)
Nothing
in
this
section
limits
the
court’
s
jurisdiction
to
grant
a
declaration
apart
from
this
section.
Compare:
1953
No
64
s
75(1)
;
Patents
Act
1990
s
126(1)
(Aust)
161
Costs
in
declaration
of
non-infringement
The
costs
of
the
parties
in
a
proceeding
for
a
declaration
of
non
-
infringement
are
at
the
discretion
of
the
court.
Compare:
1953
No
64
s
75(2)
162
V
alidity
of
patent
not
at
issue
in
pr
oceeding
for
,
and
not
affected
by
,
declaration
of
non-infringement
(1)
The
validity
of
a
claim
of
the
specification
of
a
patent
must
not
be
questioned
in
a
proceeding
for
a
declaration
of
non
-
infringement.
(2)
Accordingly
,
whether
or
not
a
declaration
is
made
does
not
af
fect
the
validity
of
the
patent.
Compare:
1953
No
64
s
75(3)
Subpart
3—
Standing
of
Attorney-General
163
Attorney-General
may
appear
in
patent
pr
oceeding
(1)
The
Attorney
-
General
may
do
all
or
any
of
the
following
things
if
he
or
she
considers
that
the
public
interest
is
or
may
be
involved:
(a)
bring
a
proceeding
to
test
the
validity
of
a
patent:
100
2013
No
68
Patents
Act
2013
Part
4
s
165
(b)
apply
for
the
revocation
of
a
patent:
(c)
appear
and
be
heard
in
any
proceeding
before
a
court
or
the
Commissioner
for
the
grant,
amend-
ment,
or
revocation
of
a
patent,
or
for
a
declaration
of
non
-
infringement,
and
take
any
steps
he
or
she
considers
desirable
as
if
he
or
she
were
a
party
to
the
proceeding:
(d)
intervene
in,
and
take
over
the
control
and
conduct
of,
any
proceeding
referred
to
in
paragraph
(c)
with
the
con-
sent
of
a
party
.
(2)
In
any
proceeding
in
which
the
Attorney
-
General
ap-
pears,
costs
may
be
awarded
either
to
or
against
the
Attorney
-
General.
Compare:
1953
No
64
s
76(1),
(3)
164
Parties
must
give
notice
to
Solicitor
-General
if
questioning
patent
validity
(1)
A
party
to
a
proceeding
before
a
court
or
the
Commissioner
who
intends
to
question
the
validity
of
a
patent
must
give
no-
tice
of
that
intention
to
the
Solicitor
-
General.
(2)
That
notice
must
be
given
in
writing
at
least
21
days
before
the
hearing.
(3)
The
party
must
also
supply
the
Solicitor
-
General
with
any
papers
filed
in
the
proceeding
by
that
or
any
other
party
to
the
proceeding
that
the
Solicitor
-
General
requests.
Compare:
1953
No
64
s
76(2)
Subpart
4—
Patent
dealings,
patent
licences,
and
transmission
of
interests
in
patents
Registration
of
assignments,
licences,
and
other
inter
ests
in
patents
165
Application
for
r
egistration
of
assignments,
licences,
and
other
inter
ests
in
patents
(1)
A
person
who
acquires
a
patent
or
share
in
a
patent
or
an
inter
-
est
in
a
patent
(
A
)
must
apply
to
the
Commissioner
for
regis-
tration
of
A
’
s
title
or
interest.
(2)
However
,
the
person
who
disposes
of
the
patent
or
share
in
a
patent
or
who
confers
the
interest
may
instead
apply
to
register
101
Part
4
s
166
Patents
Act
2013
2013
No
68
A
’
s
title
or
interest
(and
in
this
case
subsection
(1)
does
not
apply).
(3)
In
either
case,
the
application
must
be
made
in
the
prescribed
manner
.
(4)
This
section
applies
to
acquisitions
and
disposals
by
assign-
ment,
transmission,
operation
of
law
,
mortgage,
licence,
or
by
any
other
means
(other
than
a
compulsory
licence
granted
under
subpart
5
).
Compare:
1953
No
64
s
84(1),
(2),
(5)
166
Registration
of
assignments,
licences,
and
other
inter
ests
in
patents
If
an
application
is
made
under
section
165
,
the
Commissioner
,
on
proof
satisfactory
to
the
Commissioner
of
the
acquisition
by
the
person
(
A
)
of
a
patent
or
interest
or
share
in
a
patent,—
(a)
must
register
A
’
s
title
or
interest;
and
(b)
may
issue
a
replacement
patent
in
the
name
of
the
new
patentee;
and
(c)
must
retain
any
documents
provided
with
the
applica-
tion
under
section
165
or
a
copy
of
those
documents.
V
esting
of
patents
and
patent
applications
without
pr
obate
or
letters
of
administration
167
Commissioner
may
vest
patent
or
patent
application
without
pr
obate
or
letters
of
administration
(1)
If
a
patentee,
applicant
for
a
patent,
or
nominated
person
(
A
)
dies,
the
Commissioner
may
(without
requiring
probate
or
let-
ters
of
administration)
register
or
substitute
a
person
(
B
)
as
the
patentee,
applicant,
or
nominated
person
in
place
of
A
if—
(a)
B
proves,
to
the
Commissioner
’
s
satisfaction,
that—
(i)
B
is
entitled
to
obtain
probate
of
A
’
s
will
or
letters
of
administration
of
A
’
s
estate,
or
is
A
’
s
personal
representative,
in
the
place
where
A
was
living
at
the
time
of
his
or
her
death;
and
(ii)
probate
or
letters
of
administration
have
not
been
made
or
resealed
in
New
Zealand;
and
(iii)
the
interests
of
A
’
s
creditors,
and
of
all
persons
beneficially
interested
under
A
’
s
will
or
on
A
’
s
102
2013
No
68
Patents
Act
2013
Part
4
s
168
intestacy
,
will
be
adequately
safeguarded
if
this
action
is
taken;
and
(b)
B
applies
in
the
prescribed
manner
.
(2)
If
B
becomes
the
patentee,
applicant,
or
nominated
person
under
this
section,
B
holds
the
patent
subject
to
all
existing
interests
and
equities
af
fecting
it.
(3)
This
section
applies
even
if
A
died
before
the
commencement
of
this
section.
(4)
Nothing
in
section
70
or
73
of
the
Administration
Act
1969
restricts
the
operation
of
this
section.
Compare:
1953
No
64
s
86
T
ermination
of
sales,
leases,
and
licences
of
patented
pr
oducts
and
pr
ocesses
if
patent
no
longer
in
for
ce
168
T
ermination
of
sales,
leases,
and
licences
of
patented
pr
oducts
and
pr
ocesses
if
patent
no
longer
in
for
ce
(1)
This
section
applies
to
the
following
contracts:
(a)
a
contract
for
the
sale
or
lease
of
a
patented
product:
(b)
a
licence
to
exploit
a
patented
product
or
process.
(2)
A
contract
that
this
section
applies
to
may
be
terminated
by
either
party
,
on
giving
3
months’
written
notice
to
the
other
party
,
at
any
time
after
the
patent,
or
all
the
patents,
by
which
the
product
or
process
was
protected
at
the
time
the
contract
was
made,
has
or
have
ceased
to
be
in
force.
(3)
Subsection
(2)—
(a)
applies
whether
the
contract
was
made
before
or
after
the
commencement
of
this
section;
and
(b)
applies
despite
anything
to
the
contrary
in
the
contract
or
in
any
other
contract;
and
(c)
does
not
limit
any
right
to
terminate
a
contract
exercis-
able
apart
from
this
section.
Compare:
1953
No
64
s
67
103
Part
4
s
169
Patents
Act
2013
2013
No
68
Subpart
5—
Compulsory
licences
Compulsory
licences
for
supply
of
patented
inventions
pr
edominantly
in
New
Zealand
169
Application
for
compulsory
licence
wher
e
market
is
not
being
supplied,
or
is
not
being
supplied
on
r
easonable
terms,
in
New
Zealand
(1)
Any
person
may
apply
to
the
court
for
the
grant
of
a
licence
under
a
patent
on
either
of
the
grounds
specified
in
subsection
(2)
at
any
time
after
the
later
of—
(a)
the
expiry
of
3
years
from
the
date
that
the
patent
is
granted;
or
(b)
the
expiry
of
4
years
from
the
patent
date.
(2)
The
grounds
are
that
a
market
for
the
patented
invention—
(a)
is
not
being
supplied
in
New
Zealand;
or
(b)
is
not
being
supplied
on
reasonable
terms
in
New
Zealand.
Compare:
1953
No
64
s
46(1),
(2)
170
Court
may
order
grant
of
licence
(1)
The
court
may
make
an
order
for
the
grant
of
a
licence
in
ac-
cordance
with
an
application
under
section
169
on
any
terms
that
the
court
thinks
fit
if
the
court
is
satisfied
that
either
of
the
grounds
referred
to
in
section
169(2)
is
established.
(2)
However
,—
(a)
a
licence
must
not
be
granted
under
this
section
for
a
patent
relating
to
an
integrated
circuit:
(b)
no
order
may
be
made
under
subsection
(1)
that
would
be
contrary
to
any
treaty
,
convention,
arrangement,
or
engagement
applying
to
New
Zealand
and
any
conven-
tion
country
.
(3)
A
licence
granted
under
this
section—
(a)
is
not
exclusive;
and
(b)
must
not
be
assigned
otherwise
than
in
connection
with
the
goodwill
of
the
business
in
which
the
patented
in-
vention
is
used;
and
(c)
is
limited
to
the
supply
of
the
patented
invention
pre-
dominantly
in
New
Zealand;
and
104
2013
No
68
Patents
Act
2013
Part
4
s
171
(d)
must
be
recorded
in
the
patents
register
by
the
Com-
missioner
as
soon
as
is
reasonably
practicable
after
the
Commissioner
receives
a
copy
of
the
order
made
under
subsection
(1).
(4)
Any
licence
granted
under
this
section
may
,
on
the
application
of
an
interested
person,
be
terminated
by
the
court
if
the
court
is
satisfied
that
the
grounds
on
which
the
licence
was
granted
have
ceased
to
exist.
Compare:
1953
No
64
ss
46(3)–(5),
(8)
,
54(3)
Compulsory
licences
for
export
of
pharmaceutical
pr
oducts
171
Court
may
order
grant
of
licence
for
export
of
pharmaceutical
pr
oducts
to
certain
countries
(1)
The
court
may
,
on
an
application
made
by
any
person,
make
an
order
for
the
grant
of
a
licence
under
a
patent
if
the
court
is
satisfied
that—
(a)
the
patented
invention
is—
(i)
a
pharmaceutical
product;
or
(ii)
a
process
for
making
a
pharmaceutical
product;
and
(b)
the
pharmaceutical
product
is
needed
to
address
a
ser
-
ious
public
health
problem
in
1
or
more
overseas
coun-
tries
specified
in
the
application
(for
example,
an
epi-
demic,
whether
actual
or
imminent,
of
HIV/AIDS,
tu-
berculosis,
malaria,
or
other
disease);
and
(c)
each
of
those
overseas
countries
is
either—
(i)
an
eligible
importing
Member
that
has
made
a
notification
in
respect
of
the
product
under
either
paragraph
2(a)
of
the
relevant
decision
or
para-
graph
2(a)
of
the
Annex
to
the
TRIPS
agreement;
or
(ii)
a
country
that
is
currently
specified
in
respect
of
the
product
in
a
notice
under
section
172
;
and
(d)
all
of
the
pharmaceutical
products
made
under
the
li-
cence
will
be
exported
to
those
overseas
countries.
(2)
A
licence
granted
under
this
section—
(a)
is
not
exclusive;
and
105
Part
4
s
172
Patents
Act
2013
2013
No
68
(b)
must
not
be
assigned
otherwise
than
in
connection
with
the
goodwill
of
the
business
in
which
the
patented
in-
vention
is
used;
and
(c)
must
be
recorded
in
the
patents
register
by
the
Com-
missioner
as
soon
as
is
reasonably
practicable
after
the
Commissioner
receives
a
copy
of
the
order
made
under
subsection
(1).
(3)
Any
licence
granted
under
this
section
may
,
on
the
application
of
an
interested
person,
be
terminated
by
the
court
if
the
court
is
satisfied
that
the
grounds
on
which
the
licence
was
granted
have
ceased
to
exist.
(4)
For
the
purposes
of
this
section
and
sections
172
to
174
,—
eligible
importing
Member
means,—
(a)
if
the
amendment
to
the
TRIPS
agreement
to
insert
Art-
icle
31bis
has
not
yet
taken
ef
fect,
an
eligible
importing
Member
within
the
meaning
of
paragraph
1
of
the
rele-
vant
decision:
(b)
if
the
amendment
to
the
TRIPS
agreement
to
insert
Art-
icle
31bis
has
taken
ef
fect,
an
eligible
importing
Mem-
ber
within
the
meaning
of
that
Article
pharmaceutical
pr
oduct
includes
a
medicine
or
vaccine,
an
active
ingredient
of
a
medicine
or
vaccine
that
is
necessary
for
its
manufacture,
or
a
diagnostic
kit
needed
for
the
use
of
a
medicine
or
vaccine
r
elevant
decision
means
the
decision
of
the
General
Council
of
the
W
orld
T
rade
Or
ganization
of
30
August
2003
relating
to
the
implementation
of
paragraph
6
of
the
Doha
Declaration
on
the
TRIPS
agreement
and
public
health.
172
Secr
etary
of
For
eign
Affairs
and
T
rade
may
publish
notices
that
specify
eligible
countries
(1)
This
section
applies
if—
(a)
the
government
of
a
country
that
is
not
a
member
of
the
W
orld
T
rade
Or
ganization
has
sent
to
the
Govern-
ment
of
New
Zealand
a
request
for
the
country
to
be
specified
under
this
section
for
the
purposes
of
section
171(1)(c)(ii)
in
respect
of
a
particular
pharmaceutical
product;
and
106
2013
No
68
Patents
Act
2013
Part
4
s
172
(b)
the
request
sets
out
information
relating
to
why
the
gov-
ernment
of
that
country
considers
that
either—
(i)
the
country
has
no
manufacturing
capacity
in
its
pharmaceutical
sector
for
the
pharmaceutical
product;
or
(ii)
the
country’
s
manufacturing
capacity
in
its
pharmaceutical
sector
for
the
pharmaceutical
product
(excluding
any
capacity
owned
or
con-
trolled
by
the
patentee)
is
currently
insuf
ficient
for
the
purposes
of
meeting
its
need
for
the
prod-
uct;
and
(c)
the
request
specifies
the
expected
quantity
of
the
pharmaceutical
product
that
is
needed
by
the
country
.
(2)
The
Secretary
of
Foreign
Af
fairs
and
T
rade
(the
Secr
etary
)
may
,
after
a
request
from
a
country
has
been
received
under
subsection
(1),
by
notice
in
the
Gazette
,
specify
the
country
for
the
purposes
of
section
171(1)(c)(ii)
in
respect
of
the
relevant
pharmaceutical
product
if
he
or
she
is
satisfied
that
either—
(a)
the
country
has
no
manufacturing
capacity
in
its
pharmaceutical
sector
for
the
product;
or
(b)
the
country’
s
manufacturing
capacity
in
its
pharma-
ceutical
sector
for
the
product
(excluding
any
capacity
owned
or
controlled
by
the
patentee)
is
currently
in-
suf
ficient
for
the
purposes
of
meeting
its
need
for
the
product.
(3)
The
notice
under
subsection
(2)
must—
(a)
specify
the
country
and
pharmaceutical
product;
and
(b)
specify
the
expected
quantity
of
the
pharmaceutical
product
that
is
needed
by
the
country
(as
notified
to
the
Government
of
New
Zealand
under
subsection
(1));
and
(c)
state
that
the
Secretary
is
satisfied
of
the
matters
speci-
fied
in
subsection
(2)
and
his
or
her
reasons
for
being
so
satisfied.
(4)
The
Secretary
may
,
by
notice
in
the
Gazette
,—
(a)
amend
or
revoke
a
notice
under
subsection
(2):
(b)
revoke
a
notice
under
subsection
(2)
and
replace
it
with
another
.
107
Part
4
s
173
Patents
Act
2013
2013
No
68
(5)
The
Secretary
must
publish
a
copy
of
a
notice
under
subsec-
tion
(2)
on
an
Internet
site
maintained
by
,
or
on
behalf
of,
the
Ministry
of
Foreign
Af
fairs
and
T
rade.
(6)
T
o
avoid
doubt,
a
notice
under
subsection
(2)
is
neither
a
le-
gislative
instrument
nor
a
disallowable
instrument
for
the
pur
-
poses
of
the
Legislation
Act
2012
and
does
not
have
to
be
pre-
sented
to
the
House
of
Representatives
under
section
41
of
that
Act.
173
T
erms
of
licence
(1)
An
order
under
section
171
must
specify
terms
of
the
licence
relating
to
the
following
matters:
(a)
the
name
and
address
of
the
licensee:
(b)
the
name
of
the
patented
invention
for
which
the
licence
has
been
granted:
(c)
the
name
of
the
country
or
countries
to
which
the
pharmaceutical
products
made
under
the
licence
must
be
exported:
(d)
the
maximum
quantity
of
pharmaceutical
products
that
may
be
exported
to
each
of
those
countries
(which
must
be
no
more
than
the
court
considers
is
necessary
to
meet
the
needs
of
the
country):
(e)
the
duration
of
the
licence:
(f)
the
address
of
the
licensee’
s
Internet
site
for
the
pur
-
poses
of
subsection
(2)(e).
(2)
A
licence
granted
under
section
171
is
subject
to
the
following
terms:
(a)
all
pharmaceutical
products
made
under
the
licence
must
be
clearly
identified,
through
specific
labelling
or
marking,
as
having
been
made
under
a
compulsory
licensing
scheme
for
the
export
of
the
product:
(b)
all
pharmaceutical
products
made
under
the
licence
must
have
particular
distinguishing
features
(for
ex-
ample,
special
packaging
or
special
colouring
or
shaping
of
the
products)
if
including
those
features
is
feasible
and
does
not
have
a
significant
impact
on
price:
(c)
all
pharmaceutical
products
made
under
the
licence
must
be
exported
to
the
country
or
countries
specified
under
subsection
(1)(c):
108
2013
No
68
Patents
Act
2013
Part
4
s
174
(d)
the
licensee
must,
before
exporting
the
pharmaceutical
products
to
a
country
specified
under
subsection
(1)(c),
supply
to
the
Council
for
T
rade
-
Related
Aspects
of
In-
tellectual
Property
Rights
of
the
W
orld
T
rade
Or
ganiza-
tion
a
statement
containing
the
following
information
for
the
purpose
of
the
information
being
published
on
the
WT
O
Internet
site:
(i)
the
quantities
of
the
pharmaceutical
product
to
be
exported
to
the
country:
(ii)
the
specific
labelling
or
marking
referred
to
in
paragraph
(a)
and
any
distinguishing
features
of
the
pharmaceutical
products
referred
to
in
para-
graph
(b):
(e)
the
licensee
must,
before
exporting
the
pharmaceutical
products
to
a
country
specified
under
subsection
(1)(c),
publish
the
information
specified
in
paragraph
(d)
on
the
licensee’
s
Internet
site.
(3)
A
licence
granted
under
section
171
may
be
subject
to
any
other
terms
that
the
court
thinks
fit.
(4)
For
the
purposes
of
this
section,—
licensee’
s
Internet
site
means
an
Internet
site
maintained
by
,
or
on
behalf
of,
the
licensee
WT
O
Internet
site
means
an
Internet
site
maintained
by
,
or
on
behalf
of,
the
W
orld
T
rade
Or
ganization.
174
Copy
of
order
must
be
sent
to
Commissioner
and
Secr
etary
of
For
eign
Affairs
and
T
rade
(1)
The
Registrar
of
the
court
must,
as
soon
as
is
reasonably
prac-
ticable
after
an
order
is
made
under
section
171
,
send
a
copy
of
the
order
to
the
Commissioner
and
the
Secretary
.
(2)
The
Secretary
must,
as
soon
as
is
reasonably
practicable
after
receiving
a
copy
of
the
order
,
publish
a
copy
of
the
order
on
an
Internet
site
maintained
by
,
or
on
behalf
of,
the
Ministry
of
Foreign
Af
fairs
and
T
rade.
109
Part
4
s
175
Patents
Act
2013
2013
No
68
General
pr
ovisions
r
elating
to
compulsory
licences
175
Remuneration
payable
to
patentee
If
a
licence
is
granted
under
this
subpart
to
a
person,
that
person
must
pay
to
the
patentee
the
remuneration—
(a)
that
is
agreed
between
that
person
and
the
patentee;
or
(b)
that
is
determined
by
a
method
agreed
between
that
per
-
son
and
the
patentee;
or
(c)
that
is
determined
by
the
court
on
the
application
of
that
person
or
the
patentee
in
default
of
agreement.
Compare:
1953
No
64
s
46(6)
176
Person
applying
for
licence
must
have
made
efforts
to
obtain
licence
fr
om
patentee
on
r
easonable
commer
cial
terms
and
conditions
A
licence
must
not
be
granted
under
this
subpart
unless
the
person
applying
for
the
licence,
having
made
ef
forts
to
obtain
a
licence
from
the
patentee
on
reasonable
commercial
terms
and
conditions,
has
been
unable
to
obtain
a
licence,
or
to
obtain
a
licence
on
reasonable
commercial
terms
and
conditions,
from
the
patentee
within
a
reasonable
period
of
time.
Compare:
1953
No
64
s
46(7)
177
Exer
cise
of
powers
on
applications
under
section
169,
171,
or
175
(1)
The
powers
of
the
court
on
an
application
under
section
169
,
171
,
or
175
must
be
exercised
with
a
view
to
ensuring
that
the
inventor
or
other
person
beneficially
entitled
to
a
patent
receives
adequate
remuneration
having
regard
to
the
nature
of
the
invention.
(2)
For
the
purposes
of
subsection
(1),
the
court
must,
in
the
case
of
a
licence
under
section
171,
have
regard
to
the
economic
value
of
the
products
made
under
the
licence
to
the
country
to
which
the
products
will
be
exported
under
the
licence.
Compare:
1953
No
64
s
48
178
Order
for
grant
of
licence
has
effect
as
deed
(1)
Any
order
under
this
subpart
for
the
grant
of
a
licence
has
ef
fect
as
if
it
were
a
deed,
executed
by
the
patentee
and
all
1
10
2013
No
68
Patents
Act
2013
Part
4
s
179
other
necessary
parties,
granting
a
licence
in
accordance
with
the
order
.
(2)
Subsection
(1)
does
not
limit
any
other
method
of
enforce-
ment.
Compare:
1953
No
64
s
54(1)
Subpart
6—
Crown
use
of
inventions
179
Cr
own
use
of
inventions
(1)
Any
government
department,
and
any
person
authorised
in
writing
by
a
government
department,
may
exploit
any
inven-
tion
for
the
services
of
the
Crown
at
any
time
after
the
com-
plete
specification
relating
to
an
application
for
a
patent
for
the
invention
has
become
open
to
public
inspection.
(2)
The
exploitation
of
an
invention
under
subsection
(1)
is
not
an
infringement,—
(a)
if
the
application
for
a
patent
is
pending,
of
the
nomin-
ated
person’
s
rights
in
the
invention;
or
(b)
if
a
patent
has
been
granted
for
the
invention,
of
the
patent.
(3)
Subsection
(1)—
(a)
is
subject
to
sections
186
to
188
;
but
(b)
applies
despite
any
other
provision
of
this
Act.
(4)
For
the
purposes
of
this
subpart,—
(a)
any
use
of
an
invention
for
the
supply
to
the
govern-
ment
of
any
country
outside
New
Zealand
of
products
required
for
the
defence
of
that
country
must
be
treated
as
exploitation
of
the
invention
for
the
services
of
the
Crown
if
that
supply
is
made
in
accordance
with
any
agreement
or
arrangement
between
the
Government
of
New
Zealand
and
the
government
of
that
country:
(b)
the
power
of
a
government
department
or
a
person
au-
thorised
by
a
government
department
under
this
section
to
exploit
an
invention
includes
the
power
to
sell
to
any
person
any
products
made
in
the
exercise
of
the
powers
conferred
by
this
section
that
are
no
longer
required
for
the
purpose
for
which
they
were
made:
(c)
the
power
of
a
government
department
or
a
person
au-
thorised
by
a
government
department
under
this
section
1
1
1
Part
4
s
180
Patents
Act
2013
2013
No
68
to
sell
an
invention
does
not,
in
the
case
of
an
appli-
cation
for
a
patent
or
a
patent
relating
to
an
integrated
circuit,
extend
to
the
sale
of
the
invention
to
the
public.
Compare:
1953
No
64
s
55(1),
(2)
;
Patents
Act
1990
s
163
(Aust)
180
Order
in
Council
may
declar
e
use
to
be
Cr
own
use
Any
use
of
an
invention
must,
for
the
purposes
of
this
subpart,
be
treated
as
a
use
for
the
services
of
the
Crown
if
the
Gov-
ernor
-
General,
by
Order
in
Council,
declares
that
the
use
of
the
invention
by
a
person,
or
by
any
class
of
persons,
engaged
in
a
particular
industry
is
necessary
or
desirable
to
enable
full
benefit
to
be
derived
by
the
members
of
the
public
in
New
Zealand
of
any
enterprise
or
undertaking
in
which
the
Crown
or
any
government
department
has
a
complete
or
an
almost
complete
monopoly
.
Compare:
1953
No
64
s
55(3)
181
Pr
otection
of
buyers
The
buyer
of
any
products
sold
in
the
exercise
of
powers
con-
ferred
by
section
179
,
and
any
person
claiming
through
the
buyer
,
has
the
power
to
deal
with
them
in
the
same
manner
as
if
the
patent
were
held
on
behalf
of
the
Crown.
Compare:
1953
No
64
s
55(4)
182
Rights
of
third
parties
in
r
espect
of
Cr
own
use
(1)
This
section
applies
in
relation
to
any
use
of
a
patented
in-
vention,
or
of
an
invention
for
which
a
patent
application
is
pending,
made
for
the
services
of
the
Crown—
(a)
by
a
government
department
or
a
person
authorised
by
a
government
department
under
section
179
;
or
(b)
by
the
patentee,
nominated
person,
or
applicant
for
the
patent
to
the
order
of
a
government
department.
(2)
The
provisions
of
any
licence,
assignment,
or
agreement
made
between
the
patentee,
nominated
person,
or
applicant
for
the
patent,
or
any
person
who
derives
title
from
that
person
or
from
whom
that
person
derives
title,
and
any
person
other
than
a
government
department
is
of
no
ef
fect
to
the
extent
that
those
provisions—
1
12
2013
No
68
Patents
Act
2013
Part
4
s
183
(a)
restrict
or
regulate
the
use
of
the
invention
referred
to
in
subsection
(1);
or
(b)
restrict
or
regulate
the
use
of
any
model,
document,
or
information
relating
to
the
invention
in
relation
to
the
use
of
the
invention
referred
to
in
subsection
(1);
or
(c)
provide
for
the
making
of
payments
for
any
of
those
uses
or
calculated
by
reference
to
any
of
those
uses.
(3)
The
reproduction
or
publication
of
any
model
or
document
in
connection
with
a
use
referred
to
in
subsection
(1)
is
not
an
infringement
of
any
copyright
subsisting
in
the
model
or
document.
(4)
Subsection
(2)—
(a)
applies
whether
the
licence,
assignment,
or
agreement
is
made
before
or
after
the
commencement
of
this
section;
and
(b)
is
subject
to
sections
186
and
188
.
Compare:
1953
No
64
s
56
183
Refer
ence
of
disputes
concerning
Cr
own
use
(1)
The
following
disputes
may
be
referred
to
the
court
by
either
party
to
the
dispute
in
the
manner
that
is
prescribed
by
rules
of
the
court:
(a)
any
dispute
concerning
the
exercise
by
a
government
department
or
a
person
authorised
by
a
government
de-
partment
of
the
powers
conferred
by
section
179:
(b)
any
dispute
concerning
the
terms
for
the
use
of
an
inven-
tion
for
the
services
of
the
Crown
under
that
section.
(2)
In
any
proceeding
under
this
section,
the
government
depart-
ment
may
,—
(a)
if
the
patentee
is
a
party
to
the
proceeding,
apply
for
the
revocation
of
the
patent
on
any
ground
on
which
a
patent
may
be
revoked
under
subpart
1
1
of
Part
3;
and
(b)
in
any
case,
put
in
issue
the
validity
of
the
patent
without
applying
for
its
revocation.
(3)
In
determining
any
dispute
referred
to
the
court
under
this
sec-
tion,
the
court
must
have
regard
to—
(a)
any
benefit
or
compensation
that
the
nominated
person
or
patentee
may
have
received,
or
may
be
entitled
to
receive,
directly
or
indirectly
from
any
government
de-
1
13
Part
4
s
184
Patents
Act
2013
2013
No
68
partment
or
person
authorised
by
a
government
depart-
ment
in
respect
of
the
invention;
and
(b)
the
need
to
ensure
that
the
nominated
person
or
patentee
receives
adequate
remuneration
having
regard
to
the
na-
ture
of
the
invention.
Compare:
1953
No
64
s
57(1)–(3)
184
Court
may
r
efer
matter
to
special
or
official
r
efer
ee
or
arbitrator
(1)
In
any
proceeding
under
section
183
,
the
court
may
order
the
whole
proceeding
or
any
question
or
issue
of
fact
arising
in
the
proceeding
to
be
referred
to
a
special
or
of
ficial
referee
or
an
arbitrator
on
any
terms
that
the
court
thinks
fit.
(2)
References
to
the
court
in
section
183
must
be
construed
as
including
a
reference
to
the
special
or
of
ficial
referee
or
arbi-
trator
.
Compare:
1953
No
64
s
57(4)
185
Special
pr
ovisions
as
to
Cr
own
use
during
emergency
(1)
The
powers
exercisable
in
relation
to
an
invention
by
a
gov-
ernment
department
or
a
person
authorised
by
a
government
department
under
section
179
include
the
power
to
exploit
the
invention
for
any
purpose
that
appears
to
the
government
de-
partment
necessary
or
desirable—
(a)
to
avoid
prejudice
to
the
security
or
defence
of
New
Zealand;
or
(b)
to
assist
in
the
exercise
of
powers
and
the
implemen-
tation
of
civil
defence
emer
gency
management
during
a
state
of
emer
gency
declared
under
the
Civil
Defence
Emer
gency
Management
Act
2002
.
(2)
This
section
is
subject
to
sections
186
to
188
.
Compare:
1953
No
64
s
58
186
Natur
e
and
scope
of
rights
under
section
179
(1)
The
right
to
use
an
invention
under
section
179
—
(a)
is
not
exclusive;
and
(b)
must
not
be
assigned
otherwise
than
in
connection
with
the
goodwill
of
the
business
in
which
the
invention
is
used;
and
1
14
2013
No
68
Patents
Act
2013
Part
4
s
188
(c)
is,
despite
section
179(4)(a)
,
limited
to
the
supply
of
the
invention
predominantly
in
New
Zealand
by
a
govern-
ment
department
or
a
person
authorised
by
a
govern-
ment
department
under
that
section.
(2)
The
right
to
use
an
invention
under
section
179
may
,
on
the
application
of
any
interested
person,
be
terminated
by
the
court
if
the
court
is
satisfied
that
the
circumstances
that
gave
rise
to
the
right
to
use
the
invention
have
ceased
to
exist
and
are
unlikely
to
recur
.
(3)
The
right
to
use
an
invention
under
section
179
is,
except
in
a
case
to
which
section
185
applies,
subject
to
the
government
department
or
person
authorised
by
a
government
department
under
section
179
having
first
made
ef
forts
to
obtain
the
con-
sent
of
the
nominated
person
or
the
patentee
for
the
use
of
the
invention
on
reasonable
commercial
terms
and
conditions,
and
having
failed
to
obtain
that
consent,
or
to
obtain
that
consent
on
reasonable
commercial
terms
and
conditions,
within
a
rea-
sonable
period
of
time.
Compare:
1953
No
64
s
58A
187
Duty
to
inform
nominated
person
or
patentee
(1)
If
any
use
of
an
invention
is
made
by
or
with
the
authority
of
a
government
department
under
section
179
,
the
government
department
must,
as
soon
as
practicable
after
the
use
of
the
invention
has
begun,
notify
and
provide
the
nominated
person
or
patentee
with
any
information
concerning
the
extent
of
the
use
as
the
nominated
person
or
patentee
may
from
time
to
time
require.
(2)
Subsection
(1)
does
not
require
the
government
department
to
notify
or
disclose
information
to
the
nominated
person
or
patentee
if
to
do
so
would,
or
might
reasonably
be
expected
to,
prejudice
the
security
or
defence
of
New
Zealand.
Compare:
1953
No
64
s
58B
188
Nominated
person
or
patentee
entitled
to
r
emuneration
The
Crown
must,
if
an
act
is
done
under
section
179
,
pay
to
the
nominated
person
or
patentee
the
remuneration—
(a)
that
is
agreed
between
the
nominated
person
or
patentee
and
the
Crown;
or
1
15
Part
4
s
189
Patents
Act
2013
2013
No
68
(b)
that
is
determined
by
a
method
agreed
between
the
nom-
inated
person
or
patentee
and
the
Crown;
or
(c)
that
is
determined
by
the
court
under
section
183
in
de-
fault
of
agreement.
Compare:
1953
No
64
s
58C
Subpart
7—
Mention
of
inventor
in
patent,
specification,
and
patents
register
189
Mention
of
inventor
in
patent,
specification,
and
patents
r
egister
(1)
This
section
applies
if
the
Commissioner
is
satisfied,
on
a
re-
quest
or
claim
made
under
section
190
,—
(a)
that
the
person
in
respect
of
whom,
or
by
whom,
the
request
or
claim
is
made
is
the
inventor
of—
(i)
an
invention
for
which
a
patent
application
has
been
made;
or
(ii)
a
substantial
part
of
an
invention
for
which
a
patent
application
has
been
made;
and
(b)
that
the
patent
application
is
a
direct
result
of
that
person
being
the
inventor
.
(2)
The
Commissioner
must
cause
the
person
to
be
mentioned
as
inventor
in—
(a)
any
patent
granted
in
relation
to
the
patent
application;
and
(b)
the
complete
specification;
and
(c)
the
patents
register
.
(3)
The
mention
of
a
person
as
inventor
under
this
section
does
not
confer
or
derogate
from
any
rights
under
the
patent.
Compare:
1953
No
64
s
23(1)
190
Request
or
claim
to
be
mentioned
as
inventor
(1)
A
request
or
claim
made
for
the
purposes
of
section
189
must
be
made
in
the
prescribed
manner
(if
any).
(2)
A
request
or
claim
under
this
section
must
be
made—
(a)
before
the
date
that
is
2
months
after
the
complete
spe-
cification
becomes
open
to
public
inspection;
or
(b)
within
a
further
period
(not
exceeding
1
month)
that
the
Commissioner
may
allow
.
1
16
2013
No
68
Patents
Act
2013
Part
4
s
193
(3)
The
Commissioner
may
only
extend
the
period
under
subsec-
tion
(2)(b)
on
a
request
to
that
ef
fect
made
to
the
Commissioner
before
the
expiry
of
the
2
month
period
referred
to
in
subsec-
tion
(2)(a).
Compare:
1953
No
64
s
23(3)–(5)
191
Request
or
claim
may
not
be
consider
ed
in
certain
cir
cumstances
No
request
or
claim
under
section
190
may
be
considered
by
the
Commissioner
if
the
Commissioner
considers
that
the
re-
quest
or
claim
is
based
on
facts
that,
if
proved
in
the
case
of
an
opposition
under
section
92(1)(b)
by
the
person
in
respect
of
or
by
whom
the
request
or
claim
is
made,
would
have
entitled
the
person
to
relief
under
subpart
9
of
Part
3.
Compare:
1953
No
64
s
23(6)
192
Commissioner
must
give
notice
of
claim
and
opportunity
to
be
heard
(1)
If
a
claim
is
made
under
section
190
,
the
Commissioner
must
give
notice
of
the
claim
to
every
applicant
for
the
patent
(not
being
the
claimant)
and
to
any
other
person
that
the
Commis-
sioner
considers
is
interested.
(2)
The
Commissioner
must,
before
deciding
on
any
request
or
claim
made
under
section
190,
give
a
reasonable
opportunity
to
be
heard
to
any
of
the
following
persons:
(a)
the
person
in
respect
of
whom,
or
by
whom,
the
request
or
claim
is
made:
(b)
any
person
to
whom
notice
of
the
claim
has
been
given
under
this
section.
Compare:
1953
No
64
s
23(7)
193
Certificate
concerning
mention
of
inventor
(1)
A
person
who
alleges
that
another
person
should
not
have
been
mentioned
as
inventor
under
sections
189
to
192
may
,
in
the
prescribed
manner
(if
any),
apply
to
the
Commissioner
for
a
certificate
to
that
ef
fect.
(2)
The
Commissioner
may
issue
a
certificate
that
specifies
that
a
person
should
not
have
been
mentioned
as
inventor
under
those
sections.
1
17
Part
5
s
194
Patents
Act
2013
2013
No
68
(3)
If
the
Commissioner
issues
a
certificate,
the
Commissioner
must
rectify
the
specification
and
the
patents
register
accord-
ingly
.
(4)
The
Commissioner
must,
before
deciding
to
issue
a
certificate,
give
a
reasonable
opportunity
to
be
heard
to
any
person
that
the
Commissioner
considers
is
interested.
Compare:
1953
No
64
s
23(8)
Part
5
Administrative
and
miscellaneous
pr
ovisions
Subpart
1—
Patents
register
and
other
information
on
patents
and
patent
applications
Patents
r
egister
194
Patents
r
egister
(1)
The
Commissioner
must
keep
a
register
of
patents
in
New
Zealand
in
accordance
with
this
Act
and
the
regulations.
(2)
Sections
204
and
205
provide
for
evidence
relating
to
the
patents
register
.
195
Purpose
of
patents
r
egister
The
purpose
of
the
patents
register
is
to—
(a)
enable
members
of
the
public
to—
(i)
know
what
patents
are
in
force
and
the
key
dates
for
those
patents
(for
example,
the
date
of
filing
of
the
patent
application);
and
(ii)
know
who
is
the
patentee
and
who
has
other
inter
-
ests
in
a
patent
(for
example,
under
a
mortgage
or
licence)
and
the
addresses
for
service
of
those
persons;
and
(iii)
find
out
about
the
scope
of
a
claim;
and
(iv)
find
out
other
matters
af
fecting
the
validity
and
ownership
of
the
patent
and
of
any
licences
of
the
patent;
and
(b)
facilitate
the
functions
of
the
Commissioner
under
this
Act.
1
18
2013
No
68
Patents
Act
2013
Part
5
s
198
196
Form
of
patents
r
egister
The
patents
register
may
be—
(a)
an
electronic
register;
or
(b)
kept
in
any
other
manner
that
the
Commissioner
thinks
fit.
197
Contents
of
patents
r
egister
(1)
The
patents
register
must
contain
the
following
information
for
patents
in
force
in
New
Zealand:
(a)
the
names,
addresses,
nationality
or
principal
place
of
business
(as
appropriate),
and
addresses
for
service
of
patentees:
(b)
the
date
of
filing
of
the
patent
application,
the
patent
date,
the
priority
date
or
dates,
the
date
of
the
publica-
tion
of
the
accepted
complete
specification,
the
date
the
complete
specification
became
open
to
public
inspec-
tion,
the
date
that
the
patent
is
granted,
and
the
date
the
next
renewal
fee
is
due:
(c)
titles
of
the
complete
specifications:
(d)
details
of
assignments
and
transmissions:
(e)
the
names,
addresses,
and
addresses
for
service
of
li-
censees
and
other
persons
with
interests
in
patents:
(f)
any
other
matters
required
by
or
under
this
Act
to
be
entered
in
the
patents
register
.
(2)
The
patents
register
may
also
contain
any
other
information
that
the
Commissioner
considers
necessary
or
desirable.
(3)
No
notice
of
any
trust
may
be
entered
in
the
patents
register
,
and
the
Commissioner
is
not
af
fected
by
any
notice
of
that
kind.
Compare:
1953
No
64,
s
83(1),
(4)
Sear
ches
of
patents
r
egister
and
obtaining
patent
information
198
Sear
ch
of
patents
r
egister
A
person
may
search
the
patents
register
in
accordance
with
this
Act
or
the
regulations.
1
19
Part
5
s
199
Patents
Act
2013
2013
No
68
199
Requests
for
patent
information
and
certified
copies
The
Commissioner
must,
if
a
person
requests
it
in
the
pre-
scribed
manner
,
give
the
person—
(a)
a
copy
of,
or
extract
from,
a
patent
or
any
registered
document
that
is
certified
by
the
Commissioner
as
a
true
copy
or
extract
of
the
original
for
the
purposes
of
section
204:
(b)
a
certificate
as
to
any
of
the
matters
stated
in
section
205
:
(c)
any
prescribed
information
concerning
a
patent
or
patent
application.
Compare:
1953
No
64
s
90
Changes
to
patents
r
egister
and
other
official
documents
200
Changes
to
patents
r
egister
The
Commissioner
may
make
changes
to
the
patents
register
in
accordance
with
this
Act
or
the
regulations.
201
Commissioner
may
corr
ect
own
mistakes
in
patents
r
egister
,
etc
(1)
The
Commissioner
may
correct
an
error
or
omission
that
the
Commissioner
is
satisfied
has
been
made
by
the
Commissioner
in—
(a)
the
patents
register;
or
(b)
any
patent;
or
(c)
any
other
document
issued
under
this
Act.
(2)
The
Commissioner
must,
before
making
the
correction,—
(a)
give
notice
that
the
Commissioner
proposes
to
make
the
correction
to
persons
that
the
Commissioner
thinks
have
an
interest
in
it;
and
(b)
give
those
persons
a
reasonable
opportunity
to
be
heard.
(3)
The
Commissioner
may
require
production
of
the
patent
or
other
document
to
make
the
correction.
Compare:
1953
No
64
s
88(1),
(2)
120
2013
No
68
Patents
Act
2013
Part
5
s
203
202
Commissioner
may
corr
ect
other
persons’
mistakes
in
patents
r
egister
,
etc
(1)
The
Commissioner
may
(on
application
by
any
person
or
on
the
Commissioner
’
s
own
initiative)
correct
an
error
or
omis-
sion
that
the
Commissioner
is
satisfied
has
been
made
by
any
person
in—
(a)
the
patents
register;
or
(b)
any
patent;
or
(c)
any
patent
application;
or
(d)
any
documents
filed
in
connection
with
a
patent
appli-
cation
or
filed
in
proceedings
before
the
Commissioner
in
connection
with
a
patent
or
patent
application.
(2)
Any
person
(whether
or
not
that
person
made
the
error
or
omis-
sion)
may
apply
for
a
correction
under
this
section
in
the
pre-
scribed
manner
.
(3)
The
Commissioner
must,
before
making
the
correction,
pub-
lish
in
the
journal
the
nature
of
the
proposed
correction
if
the
Commissioner
thinks
that—
(a)
the
correction
would
materially
alter
the
meaning
or
scope
of
the
document
to
be
corrected;
and
(b)
it
ought
not
be
made
without
notice
to
persons
who
have
an
interest
in
it.
(4)
If
a
person
gives
notice
within
the
prescribed
time
to
the
Com-
missioner
of
opposition
to
the
application
for
the
proposed
cor
-
rection,
the
Commissioner
must,
before
deciding
the
matter
,—
(a)
give
notice
of
the
opposition
to
the
applicant
(if
any);
and
(b)
give
the
applicant
(if
any)
and
opponent
a
reasonable
opportunity
to
be
heard.
(5)
This
section
does
not
apply
to
an
error
or
omission
by
persons
referred
to
in
section
201(1)
or
to
an
error
or
omission
in
a
complete
specification
(
see
section
40
and
subpart
8
of
Part
3
for
amendments
to
complete
specifications).
Compare:
1953
No
64
s
88(3),
(4)
203
Court
may
r
ectify
patents
r
egister
(1)
The
court
may
,
on
application
of
any
person
aggrieved,
order
the
patents
register
to
be
rectified
by
making
an
entry
,
or
vary-
ing
or
deleting
an
entry
,
in
it.
121
Part
5
s
204
Patents
Act
2013
2013
No
68
(2)
In
a
proceeding
under
this
section,
the
court
may
determine
any
question
that
it
is
necessary
or
expedient
to
decide
in
con-
nection
with
the
rectification
of
the
patents
register
.
(3)
The
applicant
for
rectification
must
give
notice
of
the
applica-
tion
in
the
prescribed
manner
to
the
Commissioner
.
(4)
The
Commissioner
is
entitled
to
appear
and
be
heard
on
the
application,
and
must
appear
if
so
directed
by
the
court.
(5)
Any
order
by
the
court
under
this
section
must
direct
that
no-
tice
of
the
order
must
be
served
on
the
Commissioner
in
the
prescribed
manner
.
(6)
The
Commissioner
must,
on
receipt
of
notice
of
an
order
,
rec-
tify
the
patents
register
accordingly
.
Compare:
1953
No
64
s
87
Evidence
204
Evidence:
patents
r
egister
and
patents
(1)
The
patents
register
is
prima
facie
evidence
of
any
matters
required
or
authorised
by
or
under
this
Act
to
be
entered
in
it.
(2)
A
copy
of,
or
extract
from,
a
patent
or
registered
document
that
purports
to
be
certified
as
a
true
copy
or
extract
by
the
Commissioner
is
admissible
in
evidence
in
legal
proceedings
as
if
it
were
the
original.
Compare:
1953
No
64
ss
83(3)
,
89(2)
205
Evidence:
anything
done
by
Commissioner
(1)
A
certificate
purporting
to
be
signed
by
the
Commissioner
in
relation
to
the
matters
referred
to
in
subsection
(2)
is
for
all
purposes
prima
facie
evidence
of
those
matters
specified
in
the
certificate.
(2)
The
matters
are—
(a)
that
anything
that
he
or
she
is
authorised
to
do
by
or
under
this
Act,
or
any
other
enactment
in
relation
to
patents
or
patent
applications
(including
entries
in
the
patents
register)
has
or
has
not
been
done;
or
(b)
that
anything
that
he
or
she
is
authorised
or
required
to
do
by
or
under
this
Act,
or
any
other
enactment
in
rela-
122
2013
No
68
Patents
Act
2013
Part
5
s
207
tion
to
patents
or
patent
applications,
has
been
lawfully
done;
or
(c)
that
any
entry
in
the
patents
register
is
as
stated
in
the
certificate.
Compare:
1953
No
64
s
89(1)
Journal
and
other
publications
206
Commissioner
must
publish
journal
(1)
The
Commissioner
must
periodically
publish
a
journal
con-
taining—
(a)
prescribed
details
concerning
patents
and
patent
appli-
cations
(for
example,
the
names
and
patentees
of
patents
granted
and
brief
descriptions
of
the
inventions);
and
(b)
any
other
matter
required
by
this
Act,
the
regulations,
or
any
other
law
to
be
published
in
it;
and
(c)
other
information
concerning
patents
or
patent
applica-
tions
that
the
Commissioner
thinks
is
useful
or
desirable
for
patentees,
patent
applicants,
licensees,
or
the
public
to
know
.
(2)
The
journal
may
be
published
electronically
or
in
any
other
manner
that
the
Commissioner
thinks
fit.
Compare:
1953
No
64
s
1
12(1)
207
Commissioner
may
keep
or
publish
indexes,
etc
(1)
The
Commissioner
may
publish
indexes,
specifications,
abridgments
of
specifications,
catalogues,
and
other
works
relating
to
inventions,
patents,
and
patent
applications
that
he
or
she
thinks
fit.
(2)
The
Commissioner
may
keep
a
classification
by
subject
matter
of—
(a)
specifications
filed
in
New
Zealand
and
open
to
public
inspection;
and
(b)
printed
publications
relating
to
patents
published
in
New
Zealand
that
are
necessary
or
useful
for
the
pur
-
pose
of
determining
with
readiness
and
accuracy
the
patentability
of
inventions.
123
Part
5
s
208
Patents
Act
2013
2013
No
68
(3)
Those
indexes
and
other
documents
may
be
published
or
kept
electronically
or
in
any
other
manner
that
the
Commissioner
thinks
fit.
Compare:
1953
No
64
s
1
12(2),
(3)
Subpart
2—
General
provisions
on
proceedings
of
Commissioner
Hearing
befor
e
exer
cise
of
Commissioner
’
s
discr
etion
208
Hearing
befor
e
exer
cise
of
Commissioner
’
s
discr
etion
(1)
The
Commissioner
must
not
exercise
any
of
the
Commis-
sioner
’
s
discretionary
powers
under
this
Act
or
any
regulations
adversely
to
any
applicant
or
other
party
to
a
proceeding
be-
fore
the
Commissioner
without
giving
the
person
a
reasonable
opportunity
of
being
heard
in
the
prescribed
manner
.
(2)
Subsection
(1)
does
not
apply
to—
(a)
the
Commissioner
’
s
power
to
direct
an
applicant
to
re-
quest
an
examination
under
section
64
:
(b)
a
person
to
whom
section
100
applies.
Compare:
1953
No
64
s
94
Giving
evidence
to
Commissioner
209
How
to
give
evidence
to
Commissioner
in
pr
oceedings
(1)
Evidence
must
be
given
by
af
fidavit
or
statutory
declaration
(unless
the
Commissioner
directs
otherwise
under
subsection
(2))
in
proceedings
before
the
Commissioner
under
this
Act.
(2)
However
,
the
Commissioner
may—
(a)
take
oral
evidence
instead
of,
or
as
well
as,
the
af
fidavit
or
declaration;
and
(b)
allow
a
witness
to
be
cross
-
examined
on
the
witness’
s
af
fidavit,
declaration,
or
oral
evidence.
(3)
The
statutory
declaration
may
be
used
before
a
court
in
any
appeal
instead
of
evidence
by
af
fidavit
and,
if
used
in
this
way
,
has
all
the
same
incidents
and
consequences
as
evidence
by
af
fidavit.
124
2013
No
68
Patents
Act
2013
Part
5
s
212
(4)
Section
1
1
1
of
the
Crimes
Act
1961
(which
relates
to
false
statements
or
declarations)
applies
to
every
af
fidavit
and
statu-
tory
declaration
made
for
the
purposes
of
this
Act.
Compare:
1953
No
64
s
96(1),
(4)
210
Commissioner
may
r
eceive
evidence
on
oath
(1)
The
Commissioner
may
also
administer
oaths
to
any
witness
in
proceedings
before
him
or
her
.
(2)
Evidence
given
on
oath
before
the
Commissioner
is
given
in
judicial
proceedings
for
the
purposes
of
sections
108
and
109
of
the
Crimes
Act
1961
(which
relate
to
perjury).
Compare:
1953
No
64
s
96(2),
(3)
21
1
Issuing
of
summons
by
Commissioner
(1)
The
Commissioner
may
issue
a
summons
to
a
person
requiring
that
person
to
attend
a
hearing
before
the
Commissioner
and
to
do
all
or
any
of
the
following
matters:
(a)
give
evidence:
(b)
give
evidence
under
oath:
(c)
produce
documents,
things,
or
information,
or
any
spe-
cified
documents,
things,
or
information,
in
the
posses-
sion
or
control
of
that
person
that
are
relevant
to
the
hearing.
(2)
The
Commissioner
may
require
that
any
documents,
things,
or
information
produced
under
this
section
be
verified
by
oath,
statutory
declaration,
or
otherwise.
(3)
Sections
234
to
236
contain
requirements
for
the
summons
and
of
fences
for
failing
to
comply
with
the
summons.
Power
to
awar
d
costs
212
Commissioner
may
award
costs
(1)
The
Commissioner
may
,
in
any
proceedings
before
him
or
her
under
this
Act,—
(a)
by
order
,
award
to
a
party
costs
of
an
amount
that
the
Commissioner
thinks
appropriate
(which,
without
limi-
tation,
may
be
on
an
indemnity
basis);
and
(b)
direct
how
and
by
what
parties
they
are
to
be
paid.
125
Part
5
s
213
Patents
Act
2013
2013
No
68
(2)
The
order
may
be
entered
as
a
judgment
of
the
court
and
may
be
enforced
accordingly
.
Compare:
1953
No
64
s
95(1)
213
Commissioner
may
r
equir
e
security
for
costs
(1)
The
Commissioner
may
require
a
party
to
proceedings
to
give
security
for
the
costs
of
the
proceedings
if
the
Commissioner
is
satisfied
that—
(a)
the
party
does
not
reside,
and
does
not
carry
on
business,
in
New
Zealand;
or
(b)
there
is
reason
to
believe
that
the
party
will
be
unable
to
pay
the
costs
of
the
other
party
if
unsuccessful
in
the
proceedings.
(2)
If
the
party
does
not
give
the
security
required,
the
Commis-
sioner
may
treat
the
proceedings
as
abandoned
by
the
party
and
determine
the
matter
accordingly
.
Compare:
1953
No
64
s
95(2)
Appeals
against
Commissioner
’
s
decisions
214
Appeals
against
decisions
of
Commissioner
(1)
A
person
who
is
aggrieved
by
a
decision
of
the
Commissioner
under
this
Act
may
appeal
to
the
court.
(2)
An
appeal
must
be
brought—
(a)
in
accordance
with
the
rules
of
court;
and
(b)
within—
(i)
20
working
days
after
the
date
of
the
decision;
or
(ii)
any
further
time
the
court
allows
on
application
made
before
or
after
that
period
expires.
(3)
This
section
does
not
allow
an
appeal
to
be
made
to
the
court
from
a
decision
of
the
Commissioner
under
section
28
or
29
(
see
section
30
for
reviews
of
those
decisions).
215
Appeals
against
decisions
of
court
on
appeal
(1)
A
decision
of
the
court
on
an
appeal
against
a
decision
of
the
Commissioner
may
be
appealed
to
the
Court
of
Appeal
if—
(a)
the
decision
was
made
under
section
26
(which
relates
to
the
Commissioner
’
s
power
to
give
directions
to
co
-
owners);
or
126
2013
No
68
Patents
Act
2013
Part
5
s
218
(b)
the
decision
was
made
under
section
99
or
1
12
(which
relates
to
the
revocation
of
a
patent
by
the
Commis-
sioner)
and
the
ef
fect
of
the
decision
is
the
revocation
of
a
patent;
or
(c)
the
court
or
Court
of
Appeal
gives
leave.
(2)
All
other
decisions
of
the
court
on
an
appeal
against
a
decision
of
the
Commissioner
are
final.
(3)
However
,
this
section
does
not
limit
the
rights
of
appeal
under
sections
7
and
8
of
the
Supreme
Court
Act
2003.
Compare:
1953
No
64
ss
97(4)
,
98
Costs
of
Commissioner
216
Costs
of
Commissioner
in
pr
oceeding
In
any
proceeding
before
a
court
under
this
Act,
the
costs
of
the
Commissioner
are
at
the
discretion
of
the
court.
Compare:
1953
No
64
s
99
Subpart
3—
Establishment
and
operation
of
administrative
bodies
and
of
ficers
for
patents
Commissioner
and
Assistant
Commissioners
217
Commissioner
and
Assistant
Commissioners
(1)
The
chief
executive
of
the
Ministry
must
appoint,
under
the
State
Sector
Act
1988
,—
(a)
the
Commissioner
of
Patents;
and
(b)
as
many
Assistant
Commissioners
of
Patents
as
may
be
necessary
for
the
purposes
of
this
Act.
(2)
These
persons
are
employees
of
the
Ministry
,
and
those
ap-
pointments
may
be
held
separately
or
in
conjunction
with
any
other
of
fice
in
the
Ministry
.
Compare:
1953
No
64
ss
3
,
4
218
Functions
of
Commissioner
The
functions
of
the
Commissioner
are,
in
accordance
with
this
Act
and
the
regulations,
to—
(a)
examine
patent
applications
and
specifications,
grant
patents,
revoke
patents,
and
accept
surrenders
of
127
Part
5
s
219
Patents
Act
2013
2013
No
68
patents,
and
make
other
decisions
relating
to
patent
applications
and
patent
grants:
(b)
maintain
the
patents
register
and
carry
out
other
func-
tions
relating
to
the
patents
register:
(c)
maintain
and
supply
information
on
patents
and
patent
applications,
including
by
publishing
a
journal:
(d)
register
persons
as
patent
attorneys,
and
carry
out
other
functions
relating
to
their
registration
and
the
register
of
patent
attorneys,
under
the
Patents
Act
1953
:
(e)
carry
out
other
functions,
duties,
and
powers
conferred
on
him
or
her
by
this
Act
and
the
regulations.
219
Powers
of
Assistant
Commissioners
of
Patents
(1)
An
Assistant
Commissioner
of
Patents
has
the
functions,
du-
ties,
and
powers
of
the
Commissioner
under
this
Act
(other
than
the
power
to
delegate
under
section
220
),
but
is
subject
to
the
control
of
the
Commissioner
.
(2)
The
fact
that
an
Assistant
Commissioner
exercises
those
func-
tions,
duties,
and
powers
is
conclusive
evidence
of
the
author
-
ity
to
do
so.
Compare:
1953
No
64
s
4(2),
(3)
220
Power
of
Commissioner
to
delegate
(1)
The
Commissioner
may
delegate
to
any
person,
either
gener
-
ally
or
particularly
,
any
of
the
Commissioner
’
s
functions,
du-
ties,
and
powers
(except
this
power
of
delegation).
(2)
A
delegation—
(a)
must
be
in
writing;
and
(b)
may
be
made
subject
to
any
restrictions
and
conditions
that
the
Commissioner
thinks
fit;
and
(c)
is
revocable
at
any
time,
in
writing;
and
(d)
does
not
prevent
the
performance
or
exercise
of
a
func-
tion,
duty
,
or
power
by
the
Commissioner
.
(3)
A
person
to
whom
any
functions,
duties,
or
powers
are
dele-
gated
may
perform
and
exercise
them
in
the
same
manner
and
with
the
same
ef
fect
as
if
they
had
been
conferred
directly
by
this
Act
and
not
by
delegation.
128
2013
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68
Patents
Act
2013
Part
5
s
222
(4)
A
person
who
appears
to
act
under
a
delegation
is
presumed
to
be
acting
in
accordance
with
its
terms
in
the
absence
of
evidence
to
the
contrary
.
(5)
Any
reference
in
this
Act
or
the
regulations
to
the
Commis-
sioner
includes
a
reference
to
the
delegate
in
respect
of
any-
thing
delegated
to
that
person.
221
Liability
of
Commissioner
and
others
The
Commissioner
,
an
Assistant
Commissioner
,
or
any
other
person
acting
on
behalf
of
the
Commissioner
is
not
person-
ally
liable
for
any
act
or
omission
done
in
good
faith
in
the
performance
or
intended
performance
of
the
Commissioner
’
s
functions,
duties,
or
powers.
Intellectual
Pr
operty
Office
of
New
Zealand
222
Intellectual
Pr
operty
Office
of
New
Zealand
(1)
The
Minister
may
,
by
notice
in
the
Gazette
,—
(a)
appoint
a
place
where
there
is
an
of
fice
situated
for
the
purpose
of
communications
to
and
from
the
public
on
matters
arising
under
this
Act,
the
T
rade
Marks
Act
2002
,
the
Designs
Act
1953
,
and
any
other
intellectual
property
statutes
that
the
Minister
thinks
fit;
and
(b)
change
that
place;
and
(c)
name
that
of
fice;
and
(d)
change
the
name
of
that
of
fice.
(2)
On
the
commencement
of
this
section
(to
avoid
the
need
for
a
notice,
but
without
preventing
future
changes
by
notice),—
(a)
the
place
used
as
the
Patent
Of
fice
immediately
before
the
commencement
of
this
section
is
appointed
as
the
place
for
that
of
fice;
and
(b)
the
name
of
that
of
fice
is
the
Intellectual
Property
Of
fice
of
New
Zealand.
(3)
The
Governor
-
General
may
,
by
Order
in
Council,
amend
this
Act
and
any
other
enactment
by
omitting
the
name
of
that
of-
fice
and
substituting
another
name
to
reflect
a
name
change
of
that
of
fice.
129
Part
5
s
223
Patents
Act
2013
2013
No
68
223
Opening
hours
of
Intellectual
Pr
operty
Office
of
New
Zealand
(1)
The
Commissioner
may—
(a)
fix
the
opening
hours
for
IPONZ;
and
(b)
declare
IPONZ
closed
on
any
day
.
(2)
The
Commissioner
must
publicly
notify
those
opening
hours
and
(before
closing
IPONZ)
must
publicly
notify
any
closure.
(3)
A
thing
that
must
or
may
be
done
on
a
particular
day
or
within
a
limited
period
of
time
may
,
if
that
day
or
the
last
day
of
that
period
is
not
an
opening
day
of
IPONZ,
be
done
on
the
next
opening
day
(and
is
then
still
in
time).
224
Closing
of
Intellectual
Pr
operty
Office
of
New
Zealand
at
short
notice
(1)
The
Commissioner
may
declare
IPONZ
closed
without
giving
publication
of
the
closure
under
section
223
if—
(a)
he
or
she
thinks
it
necessary
or
desirable
because
of
an
emer
gency
or
other
temporary
circumstances;
and
(b)
it
is
not
practicable
to
make
that
prior
publication.
(2)
The
Commissioner
must,
as
soon
as
practicable
after
closing
IPONZ,
publicly
notify
the
closure.
Māori
advisory
committee
225
Appointment
and
membership
of
Māori
advisory
committee
(1)
The
Commissioner
must
appoint
a
committee
called
the
Māori
advisory
committee.
(2)
The
Commissioner
may
,
at
any
time,—
(a)
appoint
a
person
to
the
committee:
(b)
remove
a
member
from
the
committee
and,
if
the
Com-
missioner
thinks
fit,
appoint
another
member
in
that
member
’
s
place.
(3)
A
person
must
not
be
appointed
as
a
member
of
the
committee
unless,
in
the
opinion
of
the
Commissioner
,
the
person
is
qual-
ified
for
appointment,
having
regard
to
that
person’
s
know-
ledge
of
mātauranga
Māori
(Māori
traditional
knowledge)
and
tikanga
Māori
(Māori
protocol
and
culture).
130
2013
No
68
Patents
Act
2013
Part
5
s
229
(4)
A
member
of
the
committee
may
resign
of
fice
by
notice
in
writing
to
the
Commissioner
.
226
Functions
of
Māori
advisory
committee
The
function
of
the
Māori
advisory
committee
is
to
advise
the
Commissioner
(on
request)
on
whether—
(a)
an
invention
claimed
in
a
patent
application
is
derived
from
Māori
traditional
knowledge
or
from
indigenous
plants
or
animals;
and
(b)
if
so,
whether
the
commercial
exploitation
of
that
in-
vention
is
likely
to
be
contrary
to
Māori
values.
227
Effect
of
advice
fr
om
Māori
advisory
committee
The
Commissioner
must
consider
,
but
is
not
bound
by
,
the
advice
given
by
the
Māori
advisory
committee.
228
Māori
advisory
committee
may
r
egulate
own
pr
ocedur
e
The
Māori
advisory
committee
may
regulate
its
own
proced-
ure,
subject
to
any
direction
given
by
the
Commissioner
.
Subpart
4—
Other
miscellaneous
provisions
Filing
and
administration
of
Act
229
Electr
onic
filing
and
administration
of
Act
(1)
This
section
applies
to
a
requirement
under
this
Act
or
the
regulations
for—
(a)
a
person
to
file
information
or
a
document
with,
or
serve
or
give
information
or
a
document
to,
the
Commis-
sioner;
and
(b)
the
Commissioner
to
serve
or
give
information
or
a
document
to
any
person.
(2)
The
requirement
referred
to
in
subsection
(1)(a)
must
be
met
using
a
prescribed
electronic
delivery
method
(or
another
de-
livery
method
permitted
by
the
regulations)
in
the
prescribed
manner
.
(3)
The
requirement
referred
to
in
subsection
(1)(b)
may
be
met—
(a)
by
using
a
prescribed
electronic
delivery
method
(or
another
delivery
method
permitted
by
the
regulations)
in
the
prescribed
manner;
or
131
Part
5
s
230
Patents
Act
2013
2013
No
68
(b)
by
other
means
that
are
reasonable
in
the
circumstances.
(4)
Anything
that
is
filed,
served,
or
given
using
a
prescribed
elec-
tronic
or
other
delivery
method
must
be
treated
as
received
for
the
purposes
of
that
requirement
when
specified
by
the
regu-
lations.
(5)
However
,
this
section
does
not
apply
to
a
requirement—
(a)
to
file,
serve,
or
give
information
or
documents
in
any
proceeding
in
a
court;
or
(b)
for
which
a
particular
or
dif
ferent
delivery
method
is
specified
in
this
Act
or
the
regulations
(for
example,
a
summons
under
section
234
).
(6)
In
this
section,
information
or
a
document
includes
any
no-
tice,
application,
request,
certificate,
correspondence,
or
other
type
of
information
or
document
referred
to
in
or
under
this
Act.
Power
to
extend
time
limits
230
Commissioner
may
extend
time
limits
for
delays
by
Commissioner
(1)
The
Commissioner
may
extend
the
time
within
which
any-
thing
must
be
done
under
this
Act
or
the
regulations
if
that
thing
is
not
or
will
not
be
done
in
time
because
of
a
delay
by
the
Commissioner
.
(2)
The
Commissioner
may
grant
the
extension
even
if
the
time
has
expired
for
doing
the
thing.
Compare:
1953
No
64
s
93(1),
(5)
231
Commissioner
may
extend
time
limits
for
certain
filing
r
equir
ements
or
for
delivery
failur
es
(1)
The
Commissioner
may
,
on
application
by
any
person
under
section
232
or
at
the
Commissioner
’
s
own
discretion,
extend—
(a)
the
time
limit
under
section
37(2)(a)
or
(b)
(which
re-
lates
to
the
time
limit
for
the
filing
of
a
complete
spe-
cification)
or
section
53
(which
relates
to
the
filing
of
a
convention
application);
or
(b)
the
time
within
which
anything
must
be
done
under
this
Act
or
the
regulations
if
that
thing
is
not
or
will
not
be
132
2013
No
68
Patents
Act
2013
Part
5
s
233
done
in
time
because
of
a
failure
or
delay
of
the
delivery
method.
(2)
The
Commissioner
may
grant
the
extension
even
if
the
time
has
expired
for
doing
the
thing.
(3)
However
,
the
Commissioner
must
refuse
to
grant
the
extension
if
in
his
or
her
opinion—
(a)
the
applicant
or
the
applicant’
s
agent
has
not
allowed
a
reasonable
mar
gin
of
time
for
the
delivery
of
any
docu-
ments
or
information
relating
to
the
matter
for
which
the
application
for
the
extension
is
made;
or
(b)
the
applicant
or
the
applicant’
s
agent
has
in
any
other
way
failed
to
act
with
due
diligence
and
prudence
on
the
matter;
or
(c)
there
has
been
undue
delay
in
applying
for
the
extension
of
time
or
in
prosecuting
the
application.
(4)
The
Commissioner
may
grant
the
extension
on
any
terms
or
conditions
he
or
she
thinks
fit.
Compare:
1953
No
64
s
93A(1),
(2),
(3)
232
Requir
ements
for
applying
and
granting
extensions
of
time
limits
under
section
231
(1)
A
person
must
apply
for
an
extension
of
a
time
limit
under
section
231
in
the
prescribed
manner
.
(2)
The
Commissioner
must
publish
every
extension
granted
in
the
journal.
Compare:
1953
No
64
s
93A(4)
Serving
of
other
notices
233
Service
of
notices
(other
than
those
given
to
or
by
Commissioner)
(1)
Any
notice
or
any
other
document
required
to
be
served
on,
or
given
to,
any
person
under
this
Act
or
the
regulations
is
suf
ficiently
served
or
given
if
the
notice
or
document
is—
(a)
delivered
personally
or
posted
to
the
person
at
the
per
-
son’
s
address
for
service
or
last
known
place
of
resi-
dence
or
business;
or
(b)
sent
by
fax
or
electronic
communication
to
the
person’
s
last
known
fax
number
or
electronic
address;
or
133
Part
5
s
234
Patents
Act
2013
2013
No
68
(c)
made
available
to
the
person
in
accordance
with
a
pre-
scribed
electronic
delivery
method
(if
permitted
under
the
regulations).
(2)
A
notice
or
document
that
is
sent
to
a
person
at
a
fax
number
or
an
electronic
address
must
be
treated
as
received
by
that
person
not
later
than
2
days
after
the
date
on
which
it
is
sent.
(3)
A
notice
or
document
that
is
posted
to
a
person
must
be
treated
as
received
by
that
person
not
later
than
7
days
after
the
date
on
which
it
is
posted.
(4)
However
,
a
notice
or
document
must
not
be
treated
as
received
if
the
person
to
whom
it
is
posted
or
sent
proves
that
it
was
not
received,
otherwise
than
through
fault
on
the
person’
s
part.
(5)
A
notice
or
document
that
is
made
available
to
a
person
using
the
prescribed
electronic
delivery
method
must
be
treated
as
received
by
that
person
when
specified
by
the
regulations.
(6)
This
section
does
not—
(a)
apply
to
any
requirement
to
which
section
229
applies:
(b)
apply
to
notices
or
other
documents
served,
given,
or
filed
in
any
proceeding
in
a
court
or
to
the
extent
that
a
dif
ferent
or
particular
delivery
method
is
specified
by
this
Act
or
the
regulations.
Requir
ements
for
summons
234
Requir
ements
for
summons
(1)
A
summons
issued
by
the
Commissioner
under
section
21
1
must
be
in
writing,
be
signed
by
the
Commissioner
,
and
state—
(a)
the
date
and
time
when,
and
the
place
where,
the
person
must
attend;
and
(b)
the
documents,
things,
or
information
that
the
person
is
required
to
bring
and
produce
to
the
Commissioner;
and
(c)
the
entitlement
to
be
paid
or
tendered
a
sum
in
respect
of
witnesses’
fees,
allowances,
and
expenses;
and
(d)
the
penalty
for
failing
to
attend.
(2)
A
summons
may
be
served
by—
(a)
delivering
it
personally
to
the
person
summoned;
or
(b)
posting
it
to
the
person
summoned
at
that
person’
s
usual
place
of
residence
or
address
for
service;
or
134
2013
No
68
Patents
Act
2013
Part
5
s
236
(c)
sending
it
by
electronic
communication
to
the
person’
s
electronic
address
for
service
if
the
person
has
provided
an
electronic
address
for
service.
(3)
A
summons
must,—
(a)
if
it
is
to
be
served
by
personal
delivery
,
be
served
at
least
48
hours
before
the
attendance
of
the
witness
is
required:
(b)
if
it
is
to
be
served
by
post,
be
served
at
least
10
days
before
the
attendance
of
the
witness
is
required:
(c)
if
it
is
to
be
served
by
electronic
communication,
be
served
at
least
48
hours
before
the
attendance
of
the
witness
is
required.
(4)
A
summons
that
is
posted
is
treated
as
having
been
served
when
it
would
have
been
delivered
in
the
ordinary
course
of
post.
(5)
A
summons
that
is
sent
by
electronic
communication
is
treated
as
having
been
served
not
later
than
2
days
after
the
date
on
which
it
is
sent.
235
W
itnesses’
fees,
allowances,
and
expenses
(1)
A
witness
appearing
before
the
Commissioner
under
a
sum-
mons
is
entitled
to
be
paid
witnesses’
fees,
allowances,
and
expenses
in
accordance
with
the
scales
prescribed
by
regula-
tions
under
the
Criminal
Procedure
Act
201
1
.
(2)
The
person
requiring
attendance
of
the
witness
must
pay
or
tender
to
the
witness
the
fees,
allowances,
and
expenses
at
the
time
the
requirement
to
attend
is
served
or
at
some
other
reasonable
time
before
the
hearing.
236
Offence
of
failing
to
comply
with
summons
(1)
A
person
summoned
to
attend
before
the
Commissioner
com-
mits
an
of
fence
if
the
person,
without
suf
ficient
cause,—
(a)
fails
to
attend
in
accordance
with
the
summons;
or
(b)
does
not
give
evidence
when
required
to
do
so;
or
(c)
does
not
give
evidence
under
oath
when
required
to
do
so;
or
(d)
does
not
answer
any
question
that
is
lawfully
asked
by
the
Commissioner;
or
135
Part
5
s
237
Patents
Act
2013
2013
No
68
(e)
does
not
provide
any
documents,
things,
or
information
that
the
summons
requires
the
person
to
provide.
(2)
A
person
who
commits
an
of
fence
against
this
section
is
liable
on
conviction
to
a
fine
not
exceeding
$2,000.
(3)
A
person
must
not
be
convicted
of
an
of
fence
against
this
sec-
tion
if
witnesses’
fees,
allowances,
and
expenses
to
which
the
person
is
entitled
under
section
235
have
not
been
paid
or
ten-
dered
to
him
or
her
.
Fees
and
other
money
paid
under
Act
237
Fees
and
penalties
payable
under
Act
or
r
egulations
(1)
Fees
and
penalties
must
be
paid
for
any
matter
arising
under
this
Act
if
required
by
this
Act
or
by
the
regulations.
(2)
The
Commissioner
may
(in
addition
to
any
other
action
per
-
mitted
under
this
Act)
decline
to
do
any
act,
or
to
permit
any
act
to
be
done,
or
to
receive
any
document,
for
which
a
fee
or
penalty
is
payable
until
that
fee
or
penalty
is
paid.
(3)
Fees
for
international
applications
may
,
in
accordance
with
New
Zealand’
s
obligations
under
the
Patent
Cooperation
T
reaty
,
be
collected
by
the
Commissioner
on
behalf
of—
(a)
the
International
Bureau;
or
(b)
any
international
searching
authority
that
has
been
ap-
proved,
for
the
purposes
of
this
subsection,
by
the
Min-
ister
as
an
appropriate
authority
on
whose
behalf
the
Commissioner
may
collect
those
fees.
Compare:
1953
No
64
s
1
15(1),
(3)
238
Payment
and
application
of
fees
and
other
money
paid
under
this
Act
(1)
All
fees
and
other
money
required
to
be
paid
by
this
Act
or
the
regulations
must
be
paid
to
the
Commissioner
(unless
this
Act
or
the
regulations
require
otherwise).
(2)
The
Commissioner
must
pay
all
the
fees
or
other
money
paid
to
him
or
her
under
this
Act
into
a
Departmental
Bank
Account.
(3)
Any
sum
paid
to
the
Commissioner
by
mistake,
or
any
sum
the
payment
of
which
is
not
required
by
the
regulations,
may
be
refunded
by
the
Commissioner
,
and
all
money
so
refunded
136
2013
No
68
Patents
Act
2013
Part
5
s
242
may
be
paid
out
of
public
money
without
further
appropriation
than
this
Act.
(4)
Any
amount
of
a
fee
or
other
money
required
to
be
paid
by
this
Act
or
the
regulations
that
is
not
paid
is
recoverable
in
a
court
of
competent
jurisdiction
as
a
debt
due
to
the
Crown
or
,
if
the
Act
or
regulations
require
it
to
be
paid
to
a
person
other
than
the
Commissioner
,
as
a
debt
due
to
that
person.
(5)
This
section
applies
to
fines,
disciplinary
penalties,
and
costs
orders
imposed
under
this
Act
other
than
fines
for
of
fences.
Compare:
1953
No
64,
s
1
15(1),
(2)
Miscellaneous
239
Pr
otection
of
Royal
arms,
etc
The
grant
of
a
patent
does
not
in
itself
authorise
the
patentee
to
use
or
place
on
a
patented
product
any
representation
specified
in
sections
12
to
15
of
the
Flags,
Emblems,
and
Names
Pro-
tection
Act
1981
(which
relate
to
the
use
of
Royal,
vice
-
regal,
State,
and
heraldic
emblems
and
names).
Compare:
1953
No
64,
s
107
240
Saving
for
certain
Cr
own
rights
Nothing
in
this
Act
af
fects
the
right
of
the
Crown
or
any
person
deriving
title
directly
or
indirectly
from
the
Crown
to
sell
or
use
articles
forfeited
under
laws
relating
to
customs
or
excise.
Compare:
1953
No
64
s
1
17
241
Act
does
not
apply
to
T
okelau
This
Act
does
not
apply
to
T
okelau.
242
Application
of
Personal
Pr
operty
Securities
Act
1999
Nothing
in
sections
17(2)
,
23
,
150
,
165
,
166
,
and
194
to
204
af
fects
the
operation
of
the
Personal
Property
Securities
Act
1999
.
Compare:
1953
No
64
s
85A
137
Part
5
s
243
Patents
Act
2013
2013
No
68
Subpart
5—
Regulations
243
Regulations
(1)
The
Governor
-
General
may
,
by
Order
in
Council,
make
regu-
lations
for
all
or
any
of
the
following
purposes:
Patent
applications
and
the
granting
of
patents
(a)
prescribing
procedures,
requirements,
and
other
mat-
ters,
not
inconsistent
with
this
Act,
in
respect
of
patent
applications
and
the
granting
of
patents
under
this
Act,
including—
(i)
requiring
patent
applications,
specifications,
and
any
other
documents
relating
to
patent
appli-
cations
or
specifications
to
be
filed,
made,
or
otherwise
provided
to
the
Commissioner
in
a
prescribed
manner:
(ii)
requiring
those
patent
applications,
specifica-
tions,
and
documents
to
be
dealt
or
proceeded
with
in
a
prescribed
manner:
(iii)
providing
for
further
information
or
documents
to
be
filed
or
otherwise
provided
to
the
Commis-
sioner
in
the
prescribed
manner
,
in
relation
to
any
of
those
patent
applications,
specifications,
or
documents:
(iv)
providing
for
the
procedure
to
be
followed
in
connection
with
the
division
of
a
patent
applica-
tion,
specification,
or
other
document
into
2
or
more
applications,
specifications,
or
documents:
(v)
providing
for
the
procedure
to
be
followed
in
connection
with
the
mer
ging
of
separate
patent
applications,
specifications,
or
documents:
(vi)
providing
for
the
Commissioner
to
direct
that
patent
applications,
specifications,
or
documents
filed
under
this
Act
be
treated
as
having
been
filed
on
a
dif
ferent
date
from
the
date
on
which
those
patent
applications,
specifications,
or
other
docu-
ments
were
actually
filed:
Applications,
r
equests,
notices,
and
pr
oceedings
(b)
requiring
any
applications,
requests,
or
notices
under
this
Act
to
be
made
or
given
in
a
prescribed
manner:
138
2013
No
68
Patents
Act
2013
Part
5
s
243
(c)
providing
for
the
procedure
to
be
followed
in
connec-
tion
with
any
application,
request,
or
notice
under
this
Act,
or
in
connection
with
any
opposition,
re
-
examin-
ation,
revocation,
or
other
proceeding
before
the
Com-
missioner
,
and
for
authorising
the
rectification
of
irregu-
larities
of
procedure:
(d)
regulating
the
making
of
applications,
requests,
or
no-
tices
under
this
Act
by
agents,
and
prescribing
classes
of
persons
whom
the
Commissioner
may
refuse
to
recog-
nise
as
agents:
Declarations
as
to
inventor
(e)
requiring
a
declaration
concerning
the
inventor
of
an
invention
to
be
provided
in
prescribed
cases
with
the
complete
specification
or
within
the
prescribed
period
after
the
filing
of
the
complete
specification:
Matters
under
Commissioner
’
s
dir
ection
or
contr
ol
(f)
providing
for
all
matters
placed
under
the
direction
or
control
of
the
Commissioner
by
this
Act
or
the
regula-
tions,
including—
(i)
providing
for
the
Commissioner
to
extend
time
limits
under
the
regulations
or
waive
require-
ments
of
the
regulations:
(ii)
regulating
applications
for
,
oppositions
to,
and
the
granting
of
extensions
of
time
limits
by
the
Commissioner
under
this
Act,
including
pro-
viding
for
the
protection
of
persons
who
have
in
good
faith
begun
to
exploit
an
invention
for
which
an
application
for
an
extension
is
made:
(iii)
providing
for
the
manner
in
which
a
reasonable
opportunity
to
be
heard
must
be
given
to
persons:
(iv)
providing
for
how
statutory
declarations
for
pro-
ceedings
before
the
Commissioner
must
be
made
and
given:
(v)
providing
for
the
Commissioner
to
destroy
docu-
ments
and
information
provided
to
him
or
her
in
connection
with
any
application,
request,
or
no-
tice
that
is
abandoned,
void,
or
otherwise
inactive
for
the
prescribed
period:
139
Part
5
s
243
Patents
Act
2013
2013
No
68
Micr
o-or
ganisms
(g)
providing
for
the
procedure
to
be
followed
in
connec-
tion
with
the
deposit
for
the
purposes
of
this
Act
of
micro
-
or
ganisms
with
prescribed
depositary
institu-
tions,
the
furnishing
of
samples
of
micro
-
or
ganisms
by
those
institutions,
and
requests
for
those
samples:
(h)
prescribing
matters
for
the
purposes
of
sections
42
to
44
:
Patent
Cooperation
T
r
eaty
(i)
carrying
out,
or
giving
ef
fect
to,
New
Zealand’
s
obliga-
tions
under
the
Patent
Cooperation
T
reaty:
(j)
setting
out
the
English
text
of
the
Patent
Cooperation
T
reaty
or
the
T
reaty
regulations
as
in
force
for
New
Zealand:
Budapest
T
r
eaty
(k)
carrying
out,
or
giving
ef
fect
to,
New
Zealand’
s
obliga-
tions
under
the
Budapest
T
reaty:
(l)
setting
out
the
English
text
of
the
Budapest
T
reaty
as
in
force
for
New
Zealand:
Patents
r
egister
(m)
prescribing
procedures,
requirements,
and
other
mat-
ters,
not
inconsistent
with
this
Act,
for
the
patents
regis-
ter
,
including
matters
relating
to—
(i)
the
operation
of
the
register:
(ii)
access
to
and
search
of
the
register:
(iii)
the
location
of,
and
hours
of
access
to,
the
regis-
ter:
Journal
(n)
prescribing
the
manner
in
which
something
must
be
published
in
the
journal:
Fees
and
penalties
(o)
prescribing
fees
and
penalties
to
be
paid,
or
the
means
by
which
those
fees
and
penalties
may
be
calculated
or
ascertained,
for
any
matter
under
this
Act
or
the
regu-
lations
or
any
provisions
of
the
Patents
Act
1953
or
Patents
Regulations
1954
that
are
preserved
by
section
247(2)
or
248
:
140
2013
No
68
Patents
Act
2013
Part
5
s
243
(p)
prescribing
the
period
for
the
payment
of
a
renewal
fee
or
maintenance
fee:
(q)
exempting,
or
providing
for
the
Commissioner
to
ex-
empt
from,
waive,
or
refund,
fees
or
penalties:
General
(r)
providing
for
the
filing,
serving,
or
giving
of
notices
or
other
documents,
or
classes
of
notices
or
other
docu-
ments,
by
an
electronic
method
or
any
other
method
(including
by
making
those
notices
or
documents
avail-
able
to
a
person
on
an
Internet
site
and
for
the
person
to
be
directly
alerted
to
them
by
means
of
a
notice
to
the
person’
s
last
known
electronic
address
or
any
other
spe-
cified
means),
when
notices
or
documents
are
treated
as
received
under
that
method,
and
any
other
related
mat-
ters:
(s)
providing
that
specified
references
to
this
Act
(or
to
spe-
cified
terms
or
matters)
must
be
read
as
including
refer
-
ences
to
the
Patents
Act
1953
(or
to
corresponding
spe-
cified
terms
or
matters
under
the
Patents
Act
1953)
for
the
purposes
of
section
264:
(t)
providing
for
any
other
matters
contemplated
by
this
Act,
necessary
for
its
administration,
or
necessary
for
giving
it
full
ef
fect.
(2)
The
structure
of
the
fee
system
under
this
Act
prescribed
by
regulations
under
subsection
(1)
may
be
such
that
the
renewal
and
maintenance
fees—
(a)
recover
a
share
of
the
costs
incurred
by
the
Commis-
sioner
in
performing
his
or
her
functions
under
this
Act
or
the
Patents
Act
1953
;
and
(b)
recover
those
costs
at
a
level
that
provides
an
appropri-
ate
incentive
(having
regard
to
the
purpose
of
this
Act
set
out
in
section
3(a)
)
for
applicants
to
let
patent
appli-
cations
become
void
or
abandoned
and
patentees
to
let
patents
lapse
if
they
do
not
receive,
or
will
not
receive,
suf
ficient
benefit
from
having
the
patent.
Compare:
1953
No
64,
ss
93A(7)
,
96(5)
,
1
14
141
Part
5
s
244
Patents
Act
2013
2013
No
68
244
Supplementary
empowering
pr
ovision
(1)
For
the
purposes
of
this
Act,
the
power
to
make
regulations
under
section
243
or
245
to
prescribe
the
manner
in
which
a
thing
is
done
includes
the
power
to—
(a)
prescribe
when,
where,
and
how
the
thing
must
be
done:
(b)
prescribe
the
form
that
must
be
used
in
connection
with
doing
the
thing:
(c)
prescribe
what
information
must
be
provided
or
other
evidence
or
documents
must
be
provided
in
connection
with
the
thing:
(d)
prescribe
requirements
with
which
information,
evi-
dence,
or
documents
that
are
provided
in
connection
with
the
thing
must
comply:
(e)
prescribe
the
electronic
or
other
delivery
method
that
must
be
used
in
connection
with
the
thing:
(f)
provide
for
the
Commissioner
to
determine
any
of
the
matters
in
paragraphs
(a)
to
(d):
(g)
prescribe
that
fees
must
be
paid
in
connection
with
do-
ing
the
thing.
(2)
Any
regulations
made
under
section
243
,
this
section,
or
sec-
tion
245
may
prescribe,
or
provide
for
the
Commissioner
to
determine,
dif
ferent
or
additional
procedures,
requirements,
or
matters
in
relation
to
dif
ferent
classes
of
applications,
requests,
notices,
or
other
matters.
245
Regulations
pr
oviding
for
transitional
matters
and
orderly
implementation
of
Act
(1)
The
Governor
-
General
may
,
by
Order
in
Council,
make
regu-
lations—
(a)
prescribing
transitional
and
savings
provisions
concern-
ing
the
coming
into
force
of
this
Act,
which
may
be
in
addition
to
or
in
place
of
the
transitional
and
savings
provisions
of
this
Part:
(b)
providing
that,
subject
to
any
conditions
specified
in
the
regulations,
during
a
specified
transitional
period—
(i)
specified
provisions
of
this
Act
or
the
Patents
Act
1953
(including
definitions)
do
not
apply
(or
apply
with
modifications
or
additions
or
both):
142
2013
No
68
Patents
Act
2013
Part
5
s
247
(ii)
specified
provisions
repealed,
amended,
or
re-
voked
by
this
Act
continue
to
apply
(or
apply
with
modifications
or
additions
or
both):
(c)
providing
for
any
other
matters
necessary
for
facilitat-
ing
or
ensuring
an
orderly
implementation
of
this
Act.
(2)
On
the
close
of
the
day
that
is
3
years
after
the
commence-
ment
of
Part
3,
this
section
is
repealed
and
any
regulations
made
under
it
that
are
still
in
force
are
revoked
(except
that
those
regulations
continue
to
apply
,
as
if
not
revoked,
for
the
purposes
of—
(a)
a
patent
application
to
which
the
regulations
applied
immediately
before
that
revocation;
and
(b)
the
bringing
and
completion
of
any
application,
request,
notice,
or
other
proceeding
relating
to
the
patent
appli-
cation,
whether
commenced
before
or
after
that
revoca-
tion).
246
Orders
in
Council
as
to
convention
countries
For
the
purpose
of
giving
ef
fect
to
any
international
agreement
or
arrangement
to
which
New
Zealand
is
a
party
or
that
ap-
plies
to
New
Zealand,
the
Governor
-
General
may
,
by
Order
in
Council,
declare
that
any
entity
specified
in
the
order
that
is
a
party
to
the
agreement
or
arrangement
or
to
which
the
agree-
ment
or
arrangement
applies
(whether
a
State,
part
of
a
State,
a
territory
for
whose
international
relations
a
State
is
respon-
sible,
a
political
union,
an
international
or
ganisation,
or
any
other
entity)
is,
for
the
purposes
of
all
or
any
of
the
provisions
of
this
Act,
a
convention
country
.
Subpart
6—
Repeals,
amendments,
validation,
and
saving
and
transitional
provisions
247
Repeal
of
Patents
Act
1953
and
consequential
r
evocations
(1)
All
of
the
provisions
of
the
Patents
Act
1953
(except
as
set
out
in
section
248
)
are
repealed.
(2)
However
,
the
Patents
Regulations
1954
are
not
consequen-
tially
revoked
(and
may
continue
to
be
amended
or
revoked
under
section
1
14
of
the
Patents
Act
1953).
143
Part
5
s
248
Patents
Act
2013
2013
No
68
(3)
The
Patents
(Patent
Cooperation
T
reaty)
Regulations
1992
(SR
1992/316)
are
consequentially
revoked.
248
Pr
eservation
of
patent
attorney
pr
ovisions
The
following
provisions
of
the
Patents
Act
1953
are
not
re-
pealed
by
section
247
(but
see
the
amendments
made
by
sec-
tion
249
):
(a)
the
enacting
words
and
Long
T
itle:
(b)
sections
1
and
2
(T
itle
and
commencement
and
inter
-
pretation):
(c)
section
2A
(as
inserted
by
the
Schedule):
(d)
section
89
(evidence
of
entries,
documents,
etc):
(e)
sections
100
to
105
and
108
(patent
attorneys
and
re-
lated
of
fence
provisions):
(f)
sections
1
10
,
1
14
,
and
1
15
(serving
of
notices,
regula-
tions,
and
fees).
249
Consequential
amendments
to
other
enactments
The
enactments
set
out
in
the
Schedule
are
amended
in
accord-
ance
with
that
schedule.
250
Pr
eservation
of
various
r
egulations
and
orders
(1)
An
Order
in
Council
made
under
section
77
of
the
Patents
Act
1953
that
is
in
force
immediately
before
the
commencement
of
this
section—
(a)
continues
in
force,
despite
section
247
,
as
if
made
under
this
Act:
(b)
may
be
amended
or
revoked
as
if
made
under
this
Act.
(2)
The
Patents
(United
States
of
America)
Regulations
1956
(SR
1956/159)—
(a)
continue
in
force,
despite
section
247
,
as
if
made
under
this
Act
(but
with
the
amendments
made
by
section
249):
(b)
apply
despite
any
inconsistency
with
the
provisions
of
this
Act:
(c)
may
be
amended
or
revoked
as
if
section
81
of
the
Patents
Act
1953
were
still
in
force.
144
2013
No
68
Patents
Act
2013
Part
5
s
253
251
V
alidation
of
fees
(1)
All
fees
prescribed
under
the
Patents
Act
1953
that
relate
to
the
registration
of
patent
attorneys
or
prescribed
examinations
under
that
Act
must
be
taken
to
be
and
always
to
have
been
lawfully
imposed.
(2)
All
money
received
by
the
Commissioner
from
the
fees
re-
ferred
to
in
subsection
(1)
must
be
taken
to
be
and
always
to
have
been
lawfully
collected.
252
V
alidation
of
priority
date
for
T
r
eaty
applications
(1)
This
section
applies
to
a
T
reaty
application
to
which
the
Patents
Act
1953
applies
or
applied
that
claims
the
priority
,
under
Article
8
of
the
Patent
Cooperation
T
reaty
,
of
an
earlier
application
made
in
New
Zealand.
(2)
The
claim
to
priority
by
the
application
is
validated
and
must
be
taken
to
be,
and
always
to
have
been,
lawful
to
the
extent
that
it
would
have
been
valid
under
the
Patents
Act
1953
if
New
Zealand
had
been
a
convention
country
for
the
purposes
of
that
Act.
(3)
Nothing
in
subsection
(2)
af
fects
a
claim
to
priority
by
an
ap-
plication
that
is
the
subject
of
a
proceeding
commenced
in
a
court
before
30
March
2010.
T
ransitional
pr
ovisions
for
patents
and
patent
applications
253
Outline
of
transitional
pr
ovisions
for
patents
(1)
The
general
scheme
and
ef
fect
of
the
transitional
provisions
for
patents
on
and
from
the
commencement
of
Part
3
of
this
Act
(
commencement
)
is
as
follows:
(a)
this
Act
applies
to
patents
granted
under
the
Patents
Act
1953
(but
patents
retain
their
existing
key
dates,
term,
and
grounds
for
revocation):
(b)
patent
applications
made
under
the
Patents
Act
1953
continue
to
be
dealt
with
under
that
Act
unless
a
com-
plete
specification
is
filed
on
or
after
commencement
and,
in
this
case,
the
complete
specification
may
be
filed
only
under
this
Act
and
this
Act
then
applies
to
the
patent
application:
145
Part
5
s
254
Patents
Act
2013
2013
No
68
(c)
T
reaty
applications—
(i)
continue
to
be
dealt
with
under
the
Patents
Act
1953
if
the
applicant
has
fulfilled
the
applicant’
s
obligations
under
Article
22(1)
or
39(1)(a)
of
the
Patent
Cooperation
T
reaty
before
commence-
ment;
and
(ii)
must
be
dealt
with
under
this
Act
if
the
applicant
did
not
fulfil
those
obligations
before
that
time:
(d)
there
are
particular
transitional
provisions
for
post
-
dated
applications
and
divisional
applications.
(2)
This
section
is
a
guide
only
to
the
general
scheme
and
ef
fect
of
the
transitional
provisions
for
patents.
254
T
ransitional
pr
ovision
for
patents
granted
under
Patents
Act
1953
(1)
This
Act
applies
to
a
patent
granted
under
the
Patents
Act
1953
as
if
it
were
granted
under
this
Act.
(2)
However
,—
(a)
the
patent
retains
its
original
date
of
filing
of
the
patent
application,
patent
date
(that
is
the
date
of
filing
of
the
complete
specification),
priority
date
or
dates,
date
of
the
publication
of
the
accepted
complete
specification,
date
that
the
patent
was
granted,
and
date
that
the
next
renewal
fee
was
due
under
the
Patents
Act
1953
;
and
(b)
the
patent
retains
its
existing
term;
and
(c)
the
next
renewal
fee
(after
this
section
comes
into
force)
must
be
paid
when
due
in
accordance
with
the
Patents
Act
1953
but,
after
that
due
date,
renewal
fees
become
due
in
accordance
with
this
Act;
and
(d)
on
a
re
-
examination
of
the
patent
application
and
the
complete
specification
under
section
95,
the
grounds
that
a
person
may
specify
in
a
request
for
re
-
examin-
ation,
and
that
the
Commissioner
may
consider
and
re-
port
on,
are
the
grounds
in
section
41(1)
of
the
Patents
Act
1953
(rather
than
the
grounds
in
section
1
14
of
this
Act);
and
(e)
the
Commissioner
or
the
court
may
revoke
the
patent
under
this
Act
only
on
the
grounds
set
out
in
section
41(1)
or
(3)
of
the
Patents
Act
1953,
and
those
grounds
146
2013
No
68
Patents
Act
2013
Part
5
s
256
are
available
as
grounds
of
defence
in
a
proceeding
for
the
infringement
of
the
patent
(rather
than
the
grounds
in
section
1
14
of
this
Act);
and
(f)
section
146
of
this
Act
does
not
apply;
and
(g)
in
relation
to
any
existing
endorsement
of
the
patent
under
section
44
of
the
Patents
Act
1953,—
(i)
the
repeals
in
section
247
do
not
af
fect
the
en-
dorsement;
and
(ii)
sections
44
and
45
of
the
Patents
Act
1953
con-
tinue
to
apply
to
the
patent
for
the
purposes
of
the
endorsement,
as
if
sections
247
to
249
were
not
in
force
(and
accordingly
,
renewal
fees
remain
at
one
-
half
of
the
fees
otherwise
payable
under
this
Act
while
the
patent
is
so
endorsed).
255
Patent
applications
made
under
Patents
Act
1953
continue
under
that
Act
(1)
The
Patents
Act
1953
(and
the
regulations,
orders,
directions,
and
other
matters
made
under
it)
continues
to
apply
,
as
if
sec-
tions
247
to
249
were
not
in
force,
for
the
purposes
of—
(a)
a
patent
application
made
under
that
Act
before
the
commencement
of
Part
3
of
this
Act:
(b)
the
bringing
and
completion
of
any
application,
request,
notice,
or
other
proceeding
relating
to
that
application
(whether
commenced
before
or
after
the
commence-
ment
of
Part
3
of
this
Act).
(2)
Any
reference
in
any
other
enactment
to
a
repealed
provision
of
the
Patents
Act
1953
(or
a
revoked
provision
of
any
regu-
lations
made
under
it)
continues
to
apply
for
the
purposes
of
subsection
(1)
as
if
the
reference
had
not
been
repealed
or
amended
by
this
Act.
(3)
Section
254
applies
to
any
patent
granted
under
the
Patents
Act
1953
in
respect
of
that
application.
(4)
This
section
is
subject
to
sections
256
,
257
,
and
259
.
256
Patents
Act
1953
ceases
to
apply
to
patent
application
if
complete
specification
later
filed
(1)
Despite
section
255,—
147
Part
5
s
257
Patents
Act
2013
2013
No
68
(a)
a
complete
specification
may
not
be
filed
under
the
Patents
Act
1953
on
or
after
the
commencement
of
Part
3
of
this
Act
(unless
section
258
applies
to
the
complete
specification);
and
(b)
the
complete
specification
must
instead
comply
with,
and
be
filed
under
,
this
Act;
and
(c)
on
and
from
the
date
on
which
the
complete
specifica-
tion
is
filed,
this
Act
applies
in
respect
of
the
patent
ap-
plication
(and
any
application,
request,
notice,
or
other
proceeding
relating
to
it)
as
if
it
were
made
under
this
Act
(including
as
to
the
priority
date).
(2)
Subsection
(1)
applies
whether
the
complete
specification
is
filed
for
one
of
the
following
reasons
or
any
other
reason:
(a)
only
a
provisional
specification
was
filed
before
that
commencement;
or
(b)
the
original
complete
specification
was
directed
(whether
before
or
after
that
commencement)
to
be
treated
as
a
provisional
specification
under
section
9(4)
of
the
Patents
Act
1953.
(3)
If
a
complete
specification
is
provided
for
2
or
more
patent
ap-
plications
that
are
cognate
or
of
which
one
is
a
modification
of
another
,
this
section
applies
to
those
2
or
more
patent
applica-
tions.
257
This
Act
applies
if
patent
application
under
Patents
Act
1953
is
post-dated
If
a
patent
application
made
under
the
Patents
Act
1953
is
post
-
dated
to
a
date
that
is
on
or
after
the
commencement
of
Part
3
of
this
Act,
this
Act
applies
to
the
patent
application
as
if
the
patent
application
had
been
made
under
this
Act.
258
Patents
Act
1953
applies
to
divisional
applications
dated
befor
e
commencement
(1)
This
section
applies
to
a
fresh
patent
application
that
is
made
on
or
after
the
commencement
of
Part
3
of
this
Act
(and
any
complete
specification
that
is
filed
at
the
same
time)
if—
(a)
the
fresh
patent
application
is
made
for
any
part
of
the
subject
matter
of
a
patent
application
to
which
the
Patents
Act
195
3
applies
under
section
255
or
259
;
and
148
2013
No
68
Patents
Act
2013
Part
5
s
260
(b)
the
fresh
patent
application
is
given
a
date
before
that
commencement.
(2)
The
fresh
patent
application
must
be
treated
as
a
patent
ap-
plication
made
under
the
Patents
Act
1953
(and
section
255
applies
to
it)
and
the
complete
specification
must
be
treated
as
having
been
filed
on
the
date
given
to
the
fresh
patent
applica-
tion.
259
Which
Act
applies
to
T
r
eaty
applications
(1)
The
Patents
Act
195
3
(and
the
regulations,
orders,
directions,
and
other
matters
made
under
it)
continues
to
apply
,
as
if
sec-
tions
247
to
249
were
not
in
force,
for
the
purposes
of—
(a)
a
T
reaty
application
if
the
applicant
fulfilled
the
appli-
cant’
s
obligations
under
Article
22(1)
or
39(1)(a)
of
the
Patent
Cooperation
T
reaty
before
the
commencement
of
Part
3
of
this
Act:
(b)
the
bringing
and
completion
of
any
application,
request,
notice,
or
other
proceeding
relating
to
that
application
(whether
commenced
before
or
after
the
commence-
ment
of
Part
3
of
this
Act).
(2)
Any
reference
in
any
other
enactment
to
a
repealed
provision
of
the
Patents
Act
1953
(or
a
revoked
provision
of
any
regu-
lations
made
under
it)
continues
to
apply
for
the
purposes
of
subsection
(1)
as
if
the
reference
had
not
been
repealed
or
amended
by
this
Act.
(3)
Section
254
applies
to
any
patent
granted
under
the
Patents
Act
1953
in
respect
of
that
application.
(4)
However
,
this
Act
applies
to
a
T
reaty
application
if
the
appli-
cant
did
not
fulfil
those
obligations
before
the
commencement
of
Part
3
.
T
ransitional
pr
ovisions
for
other
applications,
notices,
and
r
equests
260
T
ransitional
pr
ovision
for
other
applications,
notices,
or
r
equests
(1)
The
Patents
Act
1953
(and
the
regulations,
orders,
directions,
and
other
matters
made
under
it)
continues
to
apply
,
as
if
sec-
tions
247
to
249
were
not
in
force,
for
the
purposes
of
com-
149
Part
5
s
261
Patents
Act
2013
2013
No
68
pleting
any
application,
notice,
or
request
that
was
received
by
the
Commissioner
or
the
court,
or
completing
any
other
pro-
ceeding
commenced,
before
the
commencement
of
Part
3
of
this
Act.
(2)
Subsection
(1)
does
not
apply
to
a
patent
application,
or
an
application,
notice,
request,
or
other
proceeding
relating
to
a
patent
application,
to
which
any
of
sections
255
to
259
apply
.
(3)
If
the
Patents
Act
1953
continues
to
apply
to
an
application,
notice,
or
request
under
this
section,
any
reference
in
any
other
enactment
to
a
repealed
provision
of
the
Patents
Act
1953
(or
a
revoked
provision
of
any
regulations
made
under
it)
continues
to
apply
for
that
purpose
as
if
the
reference
had
not
been
re-
pealed
or
amended
by
this
Act.
T
ransitional
pr
ovision
for
matters
in
for
ce
on
commencement
261
T
ransitional
pr
ovision
for
orders,
dir
ections,
and
other
matters
in
effect
on
transition
to
new
law
(1)
Any
order
,
direction,
or
other
matter
made
under
a
repealed
provision
of
the
Patents
Act
1953
,
and
that
is
in
ef
fect
imme-
diately
before
its
transition
takes
ef
fect
under
subsection
(3),
continues
to
have
ef
fect
as
if
it
had
been
made
under
the
pro-
vision
of
this
Act—
(a)
that,
with
or
without
modification,
replaces,
or
that
cor
-
responds
to,
the
provision
of
the
Patents
Act
1953
under
which
it
was
made;
and
(b)
under
which
it
could
be
made.
(2)
The
order
,
direction,
or
other
matter
may
be
amended
or
revoked
as
if
it
had
been
made
under
the
provision
of
this
Act
that
replaces,
or
that
corresponds
to,
the
provision
of
the
Patents
Act
1953
under
which
it
was
made.
(3)
The
transition
of
an
order
,
direction,
or
other
matter
takes
ef-
fect
for
the
purposes
of
this
section
on
the
later
of
the
follow-
ing:
(a)
on
the
repeal
of
the
provision
under
which
the
order
,
direction,
or
other
matter
is
made;
or
(b)
if
this
Part
provides,
or
regulations
made
under
section
245
provide,
that
the
order
,
direction,
or
other
matter
150
2013
No
68
Patents
Act
2013
Part
5
s
264
continues
to
apply
after
the
repeal
of
the
provision
under
which
it
is
made,
when
it
ceases
to
so
continue
to
apply
.
T
ransitional
pr
ovision
for
patents
r
egister
262
T
ransitional
pr
ovision
for
patents
r
egister
The
register
of
patents
kept
under
section
83
of
the
Patents
Act
1953
continues
to
have
ef
fect
as
the
patents
register
kept
under
section
194
of
this
Act.
T
ransitional
pr
ovisions
for
offences
and
infringements
263
T
ransitional
pr
ovision
for
offences
and
infringements
The
Patents
Act
1953
(and
the
regulations,
orders,
directions,
and
other
matters
made
under
it)
continues
to
apply
(as
if
sec-
tions
247
to
249
were
not
in
force)
for
the
purpose
of—
(a)
investigating
any
of
fence
or
infringement
committed
before
the
commencement
of
this
section:
(b)
commencing
or
completing
any
proceeding
for
any
of-
fence
or
infringement
committed
before
the
commence-
ment
of
this
section:
(c)
imposing
a
penalty
or
granting
any
relief
or
other
rem-
edy
for
any
of
fence
or
infringement
committed
before
the
commencement
of
this
section.
T
ransitional
pr
ovisions
as
to
statutory
r
efer
ences
264
T
ransitional
pr
ovision
as
to
statutory
r
efer
ences
to
corr
esponding
matters
If
provided
by
the
regulations,
a
specified
reference
to
this
Act
(or
to
a
defined
term
or
other
matter
in
this
Act)
includes
a
reference
to
the
Patents
Act
1953
(or
to
a
corresponding
or
replaced
specified
term
or
matter
under
the
Patents
Act
1953)
(for
example,
the
regulations
may
specify
that
the
reference
in
section
8(2)
to
another
patent
application
includes,
for
the
purpose
of
determining
the
prior
art
base
under
that
section,
a
patent
application
made
under
the
Patents
Act
1953).
151
Part
5
s
265
Patents
Act
2013
2013
No
68
265
T
ransitional
pr
ovision
as
to
r
epealed
r
efer
ences
to
Commissioner
,
journal,
or
Patent
Office
Any
reference
to
the
Commissioner
,
the
Journal,
or
the
Patent
Of
fice
in
a
provision
that
is
repealed
or
revoked
but
continues
to
apply
to
any
matter
under
this
subpart
must
be
read
as
a
reference
to
the
Commissioner
or
journal
under
this
Act
or
to
IPONZ
(as
the
case
may
be).
T
ransitional
pr
ovisions
for
Commissioner
and
Assistant
Commissioners
266
T
ransitional
appointment
of
Commissioner
and
Assistant
Commissioners
(1)
The
persons
holding
of
fice
as
the
Commissioner
and
Assistant
Commissioners
under
the
Patents
Act
1953
are
treated
as
hav-
ing
been
appointed
as
the
Commissioner
and
Assistant
Com-
missioners
under
this
Act
on
the
commencement
of
this
sub-
section
(and
may
hold
both
of
fices
concurrently).
(2)
The
persons
holding
of
fice
as
the
Commissioner
and
Assistant
Commissioners
under
the
Designs
Act
1953
continue
to
hold
those
of
fices
despite
the
repeal
and
substitution
of
sections
3
and
4
of
that
Act.
267
T
ransitional
power
for
Commissioner
(1)
The
Commissioner
may
,
for
the
purpose
of
facilitating
the
transition
from
the
Patents
Act
1953
to
this
Act,
do
any
of
the
following
in
connection
with
a
patent
application,
other
ap-
plication,
notice,
or
request
originally
made
under
the
Patents
Act
1953
and
to
which
this
Act
now
applies:
(a)
exempt
a
person
(on
the
terms
and
conditions
(if
any)
that
the
Commissioner
thinks
fit)
from
any
statutory
re-
quirement
that
applied
or
now
applies
to
the
application,
notice,
or
request:
(b)
give
a
person
additional
time
to
comply
with
a
statutory
requirement
in
respect
of
the
application,
notice,
or
re-
quest
that
previously
did
not
apply
.
(2)
In
this
section,
statutory
r
equir
ement
means
a
requirement
under
the
Patents
Act
1953
or
this
Act,
or
under
any
regula-
152
2013
No
68
Patents
Act
2013
Part
5
s
267
tions,
orders,
directions,
or
other
matters
made
under
either
Act.
(3)
This
section
expires
on
close
of
the
day
that
is
3
years
after
the
commencement
of
this
section.
153
Schedule
Patents
Act
2013
2013
No
68
Schedule
s
249
Consequential
amendments
Part
1
Amendments
to
other
Acts
Administration
Act
1969
(1969
No
52)
Section
67(1)
:
omit
“
section
86
of
the
Patents
Act
1953
”
and
substi-
tute
“
section
167
of
the
Patents
Act
2013
”
.
Commer
ce
Act
1986
(1986
No
5)
Section
45(2)(a)
:
repeal
and
substitute:
“
(a)
the
Patents
Act
2013;
or
”.
Section
45(3)(a)
:
omit
“
Patents
Act
1953
”
and
substitute
“
Patents
Act
2013
”
.
Copyright
Act
1994
(1994
No
143)
Section
74(1)
:
repeal
and
substitute:
“
(1)
The
making
of
any
object
in
3
dimensions
(including,
subject
to
subsection
(2),
a
copy
in
2
dimensions
reasonably
required
for
the
making
of
the
object)
does
not
infringe
copyright
in
a
literary
or
artistic
work,
if
the
work
or
a
copy
of
it
forms
part
of—
“
(a)
a
patent
specification
that—
“
(i)
is
open
to
public
inspection
in
the
Intellectual
Property
Of
fice
of
New
Zealand
in
respect
of
a
New
Zealand
patent
that,
for
any
reason,
has
ceased
to
have
ef
fect;
and
“
(ii)
is
used
for
the
purpose
of
making
the
object;
or
“
(b)
a
representation
or
specimen
of
a
design
that—
“
(i)
is
open
to
public
inspection
in
the
Intellectual
Property
Of
fice
of
New
Zealand
in
respect
of
a
design
for
which
registered
protection
in
New
Zealand
has
ceased;
and
“
(ii)
is
used
for
the
purpose
of
making
the
object.
”
Section
74(3)
:
repeal
and
substitute:
“
(3)
If
a
patent
that
has
ceased
to
have
ef
fect
is
restored
by
an
order
made
under
subpart
12
of
Part
3
of
the
Patents
Act
2013,
noth-
ing
done
under
subsection
(1)
in
the
period
beginning
with
the
154
2013
No
68
Patents
Act
2013
Schedule
Part
1
—continued
Copyright
Act
1994
(1994
No
143)
—continued
day
on
which
the
patent
ceased
to
have
ef
fect
and
ending
with
the
close
of
the
day
on
which
the
order
is
made
constitutes
an
infringement
of
copyright
in
any
literary
or
artistic
work
or
copy
of
the
work
forming
part
of
the
patent
specification.”
Cr
own
Pr
oceedings
Act
1950
(1950
No
54)
Section
7(1)
:
omit
“
Patents
Act
1953
”
and
substitute
“
Patents
Act
2013
”
.
Section
7(2)
:
repeal
and
substitute:
“
(2)
Nothing
in
subsection
(1)
or
in
any
other
provision
of
this
Act
af
fects
the
rights
of
any
Government
Department
under
sub-
part
6
of
Part
4
of
the
Patents
Act
2013
or
sections
16
to
18
of
the
Designs
Act
1953.”
Dairy
Industry
Restructuring
Act
2001
(2001
No
51)
Section
108(5)
:
omit
“
Patents
Act
1953
”
and
substitute
“
Patents
Act
2013
”
.
Designs
Act
1953
(1953
No
65)
Definition
of
Journal
in
section
2(1)
:
repeal
and
substitute:
“
Journal
means
the
journal
published
under
section
206
of
the
Patents
Act
2013”.
Section
2(1)
:
insert
in
its
appropriate
alphabetical
order:
“
Ministry
means
the
department
of
State
that,
with
the
author
-
ity
of
the
Prime
Minister
,
is
for
the
time
being
responsible
for
the
administration
of
this
Act”.
Sections
3
and
4
:
repeal
and
substitute:
“
3
Commissioner
and
Assistant
Commissioners
of
Designs
“
(1)
The
chief
executive
of
the
Ministry
must
appoint,
under
the
State
Sector
Act
1988,—
“
(a)
the
Commissioner
of
Designs;
and
“
(b)
as
many
Assistant
Commissioners
of
Designs
as
may
be
necessary
for
the
purposes
of
this
Act.
155
Schedule
Patents
Act
2013
2013
No
68
Part
1
—continued
Designs
Act
1953
(1953
No
65)
—continued
“
(2)
These
persons
are
employees
of
the
Ministry
,
and
those
ap-
pointments
may
be
held
separately
or
in
conjunction
with
any
other
of
fice
in
the
Ministry
.
“
4
Powers
of
Assistant
Commissioners
of
Designs
“
(1)
An
Assistant
Commissioner
of
Designs
has
the
functions,
du-
ties,
and
powers
of
the
Commissioner
under
this
Act
(other
than
the
power
to
delegate
under
section
4A),
but
is
subject
to
the
control
of
the
Commissioner
.
“
(2)
The
fact
that
an
Assistant
Commissioner
exercises
those
func-
tions,
duties,
and
powers
is
conclusive
evidence
of
the
author
-
ity
to
do
so.
“
4A
Power
of
Commissioner
to
delegate
“
(1)
The
Commissioner
may
delegate
to
any
person,
either
gener
-
ally
or
particularly
,
any
of
the
Commissioner
’
s
functions,
du-
ties,
and
powers
(except
this
power
of
delegation).
“
(2)
A
delegation—
“
(a)
must
be
in
writing;
and
“
(b)
may
be
made
subject
to
any
restrictions
and
conditions
that
the
Commissioner
thinks
fit;
and
“
(c)
is
revocable
at
any
time,
in
writing;
and
“
(d)
does
not
prevent
the
performance
or
exercise
of
a
func-
tion,
duty
,
or
power
by
the
Commissioner
.
“
(3)
A
person
to
whom
any
functions,
duties,
or
powers
are
dele-
gated
may
perform
and
exercise
them
in
the
same
manner
and
with
the
same
ef
fect
as
if
they
had
been
conferred
directly
by
this
Act
and
not
by
delegation.
“
(4)
A
person
who
appears
to
act
under
a
delegation
is
presumed
to
be
acting
in
accordance
with
its
terms
in
the
absence
of
evidence
to
the
contrary
.
“
(5)
Any
reference
in
this
Act
or
the
regulations
made
under
this
Act
to
the
Commissioner
includes
a
reference
to
the
delegate
in
respect
of
anything
delegated
to
that
person.
156
2013
No
68
Patents
Act
2013
Schedule
Part
1
—continued
Designs
Act
1953
(1953
No
65)
—continued
“
4B
Liability
of
Commissioner
and
others
The
Commissioner
,
an
Assistant
Commissioner
,
or
any
other
person
acting
on
behalf
of
the
Commissioner
is
not
person-
ally
liable
for
any
act
or
omission
done
in
good
faith
in
the
performance
or
intended
performance
of
the
Commissioner
’
s
functions,
duties,
or
powers.”
Section
7(1)
:
omit
“
at
the
Patent
Of
fice
”
and
substitute
“
with
the
Commissioner
”
.
Section
9(2)
:
omit
“
at
the
Patent
Of
fice
”
and
substitute
“
by
the
pub-
lic
”
.
Section
25(1)
:
omit
“
at
the
Patent
Of
fice
”
.
Section
25(2)
:
omit
“
sealed
with
the
seal
of
the
Patent
Of
fice
”
.
Section
29(1)
:
omit
“
the
Patent
Of
fice
”
and
substitute
“
the
Commis-
sioner
”
.
Section
30(1),
(2),
and
(4)
:
omit
“
at
the
Patent
Of
fice
”
and
substitute
in
each
case
“
by
the
public
”
.
Section
32(2)
:
repeal
and
substitute:
“
(2)
A
copy
of,
or
an
extract
from,
any
entry
in
the
register
of
de-
signs
or
of
any
document
that
is
registered
or
otherwise
kept
by
the
Commissioner
that
purports
to
be
certified
as
a
true
copy
or
extract
by
the
Commissioner
is
admissible
in
evidence
in
legal
proceedings
as
if
it
were
the
original.”
Section
37(1)
:
omit
“
in
the
Patent
Of
fice
”
and
substitute
“
by
the
Commissioner
”
.
Section
37A(2)(a)
:
omit
“
to
the
Patent
Of
fice,
by
post
or
otherwise,
”
.
Section
39(2)
:
omit
“
Patents
Act
1953
”
and
substitute
“
Patents
Act
2013
”
.
Sections
45
and
45A
:
repeal
and
substitute:
“
45
Opening
hours
of
Intellectual
Pr
operty
Office
of
New
Zealand
“
(1)
The
Commissioner
may—
“
(a)
fix
the
opening
hours
for
the
Intellectual
Property
Of
fice
of
New
Zealand;
and
“
(b)
declare
the
Intellectual
Property
Of
fice
of
New
Zealand
closed
on
any
day
.
157
Schedule
Patents
Act
2013
2013
No
68
Part
1
—continued
Designs
Act
1953
(1953
No
65)
—continued
“
(2)
The
Commissioner
must
publicly
notify
those
opening
hours,
and
(before
closing
the
Intellectual
Property
Of
fice
of
New
Zealand)
any
closure,
in
accordance
with
section
5(3)
of
the
Patents
Act
2013.
“
(3)
A
thing
that
must
or
may
be
done
on
a
particular
day
or
within
a
limited
period
of
time
may
,
if
that
day
or
the
last
day
of
that
period
is
not
an
opening
day
of
the
Intellectual
Property
Of
fice
of
New
Zealand,
be
done
on
the
next
opening
day
(and
is
then
still
in
time).
“
45A
Closing
of
Intellectual
Pr
operty
Office
of
New
Zealand
at
short
notice
“
(1)
The
Commissioner
may
declare
the
Intellectual
Property
Of-
fice
of
New
Zealand
closed
without
giving
publication
of
the
closure
under
section
45
if—
“
(a)
he
or
she
thinks
it
necessary
or
desirable
because
of
an
emer
gency
or
other
temporary
circumstances;
and
“
(b)
it
is
not
practicable
to
make
that
prior
publication.
“
(2)
The
Commissioner
must,
as
soon
as
practicable
after
closing
the
Intellectual
Property
Of
fice
of
New
Zealand,
publicly
no-
tify
the
closure
in
accordance
with
section
5(3)
of
the
Patents
Act
2013.”
Section
46(2)(a)
and
(f)
:
omit
“
Patent
Of
fice
”
and
substitute
“
Intel-
lectual
Property
Of
fice
of
New
Zealand
”
.
Section
46(2)(c)
:
omit
“
at
the
Patent
Of
fice
”
and
substitute
“
with
the
Commissioner
”
.
Section
46(2)(h)
:
omit
“
Patent
Office
Journal
”
and
substitute
“
Jour
-
nal
”
.
Section
46
:
add
as
subsection
(3):
“
(3)
The
structure
of
the
fee
system
under
this
Act
prescribed
by
regulations
under
this
section
may
be
such
that
any
fees
for
an
extension
of
the
period
of
copyright
in
a
registered
design
under
section
12(2)—
158
2013
No
68
Patents
Act
2013
Schedule
Part
1
—continued
Designs
Act
1953
(1953
No
65)
—continued
“
(a)
recover
a
share
of
the
costs
incurred
by
the
Commis-
sioner
in
performing
his
or
her
functions
under
this
Act;
and
“
(b)
recover
those
costs
at
a
level
that
provides
an
appro-
priate
incentive
for
persons
to
not
extend
that
period
of
copyright
if
they
do
not
receive
suf
ficient
benefit
from
having
the
copyright
in
the
registered
design.
”
Section
49
:
repeal.
Disputes
T
ribunals
Act
1988
(1988
No
1
10)
Definition
of
intellectual
pr
operty
in
section
2
:
omit
“
Patents
Act
1953
”
and
substitute
“
Patents
Act
2013
”
.
Employment
Relations
Act
2000
(2000
No
24)
Section
161(1)
:
insert
after
paragraph
(q):
“
(qa)
disputes
about
an
invention
made
by
an
employee
(either
alone
or
jointly
with
any
other
person)
or
any
patent
granted,
or
to
be
granted,
in
respect
of
that
invention:
“
(qb)
reviews
under
section
30
of
the
Patents
Act
2013:
”.
Flags,
Emblems,
and
Names
Pr
otection
Act
1981
(1981
No
47)
Paragraph
(f)
of
the
definition
of
r
egistering
authority
in
section
2
:
omit
“
Patents
Act
1953
”
and
substitute
“
Patents
Act
2013
”
.
Limitation
Act
2010
(2010
No
1
10)
Section
5(1)
:
insert
after
paragraph
(b):
“
(ba)
a
claim
in
respect
of
an
infringement
after
the
com-
plete
specification
becomes
open
to
public
inspection
and
before
the
patent
is
granted
under
the
Patents
Act
2013—the
date
on
which
the
patent
was
granted;
and
”.
159
Schedule
Patents
Act
2013
2013
No
68
Part
1
—continued
Patents
Act
1953
(1953
No
64)
Section
2(1)
:
insert
in
its
appropriate
alphabetical
order:
“
IPONZ
means
the
Intellectual
Property
Of
fice
of
New
Zealand”.
Section
2(1)
:
repeal
the
definition
of
Journal
and
substitute:
“
journal
means
the
journal
published
under
section
206
of
the
Patents
Act
2013”.
New
section
2A:
insert
the
following
section
after
section
2:
“
2A
Act
pr
eserved
for
patent
attorney
pr
ovisions
“
(1)
This
Act
continues
to
govern
patent
attorneys
and
their
regis-
tration.
“
(2)
The
Patents
Act
2013
governs
patents
and
patent
applications
(but
see
subpart
6
of
Part
5
of
that
Act
as
to
the
continued
application
of
repealed
provisions
of
this
Act
for
transitional
purposes).
“
(3)
This
section
is
intended
only
as
a
guide
to
the
general
scheme
and
ef
fect
of
these
Acts.”
Section
89(1)
:
omit
“
sealed
with
the
seal
of
the
Patent
Of
fice
and
”
.
Section
89(2)
:
omit
“
in
the
Patent
Of
fice
or
of
any
patent,
or
an
ex-
tract
from
any
such
register
or
document,
sealed
with
the
seal
of
the
Patent
Of
fice,
and
”
and
substitute
“
by
IPONZ,
or
an
extract
from
that
register
or
document,
”
.
Section
89(3)
:
omit
“
Journal
”
and
substitute
“
journal
”
.
Section
100(1)
:
omit
“
the
Patent
Of
fice
”
and
substitute
“
IPONZ
”
.
Section
101(1)(a)
:
insert
“
the
Patents
Act
2013
and
”
after
“
the
pur
-
poses
of
”
.
Section
102(1)
:
omit
“
the
Patent
Of
fice
”
and
substitute
“
IPONZ
”
.
Section
103(3)(b)
:
omit
“
this
Act
or
of
”
and
substitute
“
the
Patents
Act
2013,
this
Act,
or
”
.
Section
103(5)
:
insert
“
the
Patents
Act
2013
or
”
after
“
proceedings
under
”
.
160
2013
No
68
Patents
Act
2013
Schedule
Part
1
—continued
Privacy
Act
1993
(1993
No
28)
Part
1
of
Schedule
2
:
omit
the
item
relating
to
the
Patents
Act
and
substitute:
Patents
Act
1953
section
100
Patents
Act
2013
section
194
Public
W
orks
Act
1981
(1981
No
35)
Definition
of
intellectual
pr
operty
in
section
2
:
omit
“
Patents
Act
1953
”
and
substitute
“
Patents
Act
2013
”
.
Summary
Pr
oceedings
Act
1957
(1957
No
87)
Item
relating
to
the
Patents
Act
1953
in
Part
2
of
Schedule
1
:
omit
the
items
relating
to
sections
25(6)
and
26(8).
Part
2
of
Schedule
1
:
insert
the
following
item
after
the
item
relating
to
the
Patents
Act
1953:
Patents
Act
2013
138
Breach
of
secrecy
as
to
certain
inventions
T
rade
Marks
Act
2002
(2002
No
49)
Section
56
:
repeal
and
substitute:
“
56
Appr
oved
r
egulations
must
be
deposited
at
Intellectual
Pr
operty
Office
of
New
Zealand
After
the
Commissioner
has
approved
the
draft
regulations,
the
approved
regulations
that
govern
the
use
of
the
registered
certification
trade
mark
must
be
deposited
at
the
Intellectual
Property
Of
fice
of
New
Zealand
for
inspection.
“
Compare:
1953
No
66
s
48
”.
Section
159(2)(a)(iii)
:
omit
“
Patent
Of
fice
”
and
substitute
“
Intellec-
tual
Property
Of
fice
of
New
Zealand
”
.
New
section
175D:
insert
before
section
176
:
“
175D
Liability
of
Commissioner
and
others
The
Commissioner
,
an
Assistant
Commissioner
,
or
any
other
person
acting
on
behalf
of
the
Commissioner
is
not
person-
ally
liable
for
any
act
or
omission
done
in
good
faith
in
the
161
Schedule
Patents
Act
2013
2013
No
68
Part
1
—continued
T
rade
Marks
Act
2002
(2002
No
49)
—continued
performance
or
intended
performance
of
the
Commissioner
’
s
functions,
duties,
or
powers.”
Section
184(2)
:
omit
“
,
sealed
with
the
seal
of
the
Patent
Of
fice,
”
.
Sections
188
and
189
and
the
heading
above
section
188:
repeal
and
substitute:
“
Intellectual
Pr
operty
Office
of
New
Zealand
“
188
Opening
hours
of
Intellectual
Pr
operty
Office
of
New
Zealand
“
(1)
The
Commissioner
may—
“
(a)
fix
the
opening
hours
for
the
Intellectual
Property
Of
fice
of
New
Zealand;
and
“
(b)
declare
the
Intellectual
Property
Of
fice
of
New
Zealand
closed
on
any
day
.
“
(2)
The
Commissioner
must
publicly
notify
those
opening
hours,
and
(before
closing
the
Intellectual
Property
Of
fice
of
New
Zealand)
any
closure,
in
accordance
with
section
5(3)
of
the
Patents
Act
2013.
“
(3)
A
thing
that
must
or
may
be
done
on
a
particular
day
or
within
a
limited
period
of
time
may
,
if
that
day
or
the
last
day
of
that
period
is
not
an
opening
day
of
the
Intellectual
Property
Of
fice
of
New
Zealand,
be
done
on
the
next
opening
day
(and
is
then
still
in
time).
“
189
Closing
of
Intellectual
Pr
operty
Office
of
New
Zealand
at
short
notice
“
(1)
The
Commissioner
may
declare
the
Intellectual
Property
Of-
fice
of
New
Zealand
closed
without
giving
publication
of
the
closure
under
section
188
if—
“
(a)
he
or
she
thinks
it
necessary
or
desirable
because
of
an
emer
gency
or
other
temporary
circumstances;
and
“
(b)
it
is
not
practicable
to
make
that
prior
publication.
“
(2)
The
Commissioner
must,
as
soon
as
practicable
after
closing
the
Intellectual
Property
Of
fice
of
New
Zealand,
publicly
no-
tify
the
closure
in
accordance
with
section
5(3)
of
the
Patents
Act
2013.”
162
2013
No
68
Patents
Act
2013
Schedule
Part
1
—continued
T
rade
Marks
Act
2002
(2002
No
49)
—continued
Section
198
:
repeal.
The
heading
above
section
199(l)
:
repeal
and
substitute:
“
Intellec-
tual
Pr
operty
Office
of
New
Zealand
”
.
Section
199(l)
:
omit
“
Patent
Of
fice
”
and
substitute
“
Intellectual
Property
Of
fice
of
New
Zealand
”
.
Section
199
:
add
as
subsection
(2):
“
(2)
The
structure
of
the
fee
system
under
this
Act
prescribed
by
regulations
under
subsection
(1)
may
be
such
that
any
renewal
fees—
“
(a)
recover
a
share
of
the
costs
incurred
by
the
Commis-
sioner
in
performing
his
or
her
functions
under
this
Act;
and
“
(b)
recover
those
costs
at
a
level
that
provides
an
appro-
priate
incentive
for
persons
to
let
registrations
of
trade
marks
lapse
if
they
do
not
receive
suf
ficient
benefit
from
having
the
registration.
”
Section
199A(a)
:
omit
“
Patent
Of
fice
”
and
substitute
“
Intellectual
Property
Of
fice
of
New
Zealand
”
.
Section
199A(c)
:
omit
“
Patent
Of
fice
”
and
substitute
“
Intellectual
Property
Of
fice
of
New
Zealand
”
.
T
rans
-
T
asman
Mutual
Recognition
Act
1997
(1997
No
60)
Schedule
1
:
omit
“
Patents
Act
1953
”
and
substitute
“
Patents
Act
2013
”
.
Part
2
Regulations
amended
Defence
Regulations
1990
(SR
1990/78)
Regulation
24(1)
:
omit
“
in
the
New
Zealand
Patent
Of
fice
”
and
sub-
stitute
“
with
the
Commissioner
of
Patents
”
.
Regulation
24(1)
:
omit
“
at
the
Patent
Of
fice
”
and
substitute
“
with
the
Commissioner
of
Patents
”
.
Regulation
26
:
omit
“
in
the
Patent
Of
fice
”
and
substitute
“
with
the
Commissioner
of
Patents
”
.
163
Schedule
Patents
Act
2013
2013
No
68
Part
2
—continued
Defence
Regulations
1990
(SR
1990/78)
—continued
Schedule
2:
omit
“
to
the
Patent
Of
fice
”
and
substitute
“
to
the
Com-
missioner
of
Patents
”
.
Schedule
2,
clause
(b):
omit
“
at
the
Patent
Of
fice
”
and
substitute
“
with
the
Commissioner
of
Patents
”
.
Designs
Regulations
1954
(SR
1954/224)
Regulation
4
:
omit
“
to
the
Patent
Of
fice
”
and
substitute
“
under
regu-
lation
3
”
.
Regulation
6
:
omit
“
the
Patent
Of
fice
”
and
substitute
“
the
Commis-
sioner
”
.
Schedule
2
:
omit
“
Patent
Of
fice
”
in
each
place
where
it
appears
and
substitute
in
each
case
“
Intellectual
Property
Of
fice
of
New
Zealand
”
.
Patents,
Designs,
and
T
rade
Marks
Convention
Order
2012
(SR
2012/189)
Clause
3
:
omit
“
Patents
Act
1953
”
and
substitute
“
Patents
Act
2013
”
.
Patents
(United
States
of
America)
Regulations
1956
(SR
1956/159)
Regulation
3
:
omit
“
Patents
Act
1953
or
the
Patents
Regulations
1954
”
and
substitute
“
Patents
Act
2013
or
regulations
made
under
that
Act
”
.
Regulation
4
:
omit
“
section
1
1
of
the
Patents
Act
1953
”
and
substi-
tute
“
section
5
of
the
Patents
Act
2013
”
.
Regulation
4
:
omit
“
Patents
Act
1953
or
the
Patents
Regulations
1954
”
and
substitute
“
Patents
Act
2013
or
regulations
made
under
that
Act
”
.
T
rade
Marks
Regulations
2003
(SR
2003/187)
Definition
of
filing
date
in
regulation
3
:
omit
“
Patent
Of
fice
”
and
substitute
“
Intellectual
Property
Of
fice
of
New
Zealand
”
.
Regulation
23(a)
and
(b)
:
revoke
and
substitute:
“
(a)
who
is
suspended
from
practice
before
the
Intellectual
Property
Of
fice
of
New
Zealand;
or
”.
164
2013
No
68
Patents
Act
2013
Legislative
history
9
July
2008
Introduction
(Bill
235–1)
5
May
2009
First
reading
and
referral
to
Commerce
Committee
30
March
2010
Reported
from
Commerce
Committee
(Bill
235–2)
12
September
2012
Second
reading
27
August
2013
Committee
of
the
whole
House,
third
reading
13
September
2013
Royal
assent
This
Act
is
administered
by
the
Ministry
of
Business,
Innovation,
and
Employment
.
1
2
W
ellington,
New
Zealand:
Published
under
the
authority
of
the
New
Zealand
Government—2013
165