Patents Act 1953

1: Short Title and commencement
1: This Act may be cited as the Patents Act 1953.
2: This Act shall come into force on a day to be appointed for the commencement thereof by the Governor-General by Proclamation. Section 1(2) brought into force 1 January 1955 Patents Act Commencement Order 1954
2: Interpretation
1: In this Act, unless the context otherwise requires,— applicant section 24 article assignee Commissioner convention application subsection (4) of section 7 convention country section 77 court High Court date of filing exclusive licence exclusive licensee government department integrated circuit international application International Bureau international filing date invention IPONZ journal section 206 Minister patent Patent Cooperation Treaty
a: means the Patent Cooperation Treaty, signed at Washington on 19 June 1970, the text of which, as amended on 2 October 1979 and modified on 3 February 1984, is set out in Schedule 1
b: includes any amendments, modifications, and revisions from time to time made to the Treaty, being amendments, modifications, and revisions to which New Zealand is a party and by which New Zealand is bound patent of addition section 34 Patent Attorney patentee prescribed priority date section 11 published
a: if it can be inspected as of right at any place in New Zealand by members of the public whether upon payment of a fee or otherwise; or
b: if it can be inspected in a library of a government department or of any institution or public authority and the library is one which is open generally to members of the public who are interested in matters to which the document relates and is a library in which members of the public in search of information related to the subject of the document would ordinarily seek and do in fact seek the information receiving Office the Statute of Monopolies An Act concerning monopolies and dispensations with penal laws and the forfeiture thereof Treaty application
a: which contains a request specifying New Zealand as a designated State under Article 4(1)﻿(ii) of the Patent Cooperation Treaty; and
b: which has been given an international filing date Treaty regulations
a: means the regulations made under the Patent Cooperation Treaty and set out in Schedule 2
b: includes any amendments from time to time made to those regulations.
2: For the purposes of subsection (3) of section 7 section 81 personal representative
3: 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—
i: application for protection in a country; or
ii: application for protection in respect of a country,— must be read as a reference to application for protection under the rules of the entity:
b: a reference in this Act to filing a specification in a convention country must be read as a reference to filing a specification under the rules of the entity:
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:
d: a reference in this Act to the Government of a convention country must be read as a reference to the governing body of the entity. 1921–22 No 18 s 2 Section 2(1) Commonwealth repealed 2 September 1996 Patents Amendment Act 1996 Section 2(1) convention country replaced 14 October 1999 section 3(2) Patents Amendment Act 1999 Section 2(1) court amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 2(1) integrated circuit inserted 1 January 1995 section 2 Patents Amendment Act 1994 Section 2(1) international application inserted 1 December 1992 section 2 Patents Amendment Act 1992 Section 2(1) International Bureau inserted 1 December 1992 section 2 Patents Amendment Act 1992 Section 2(1) international filing date inserted 1 December 1992 section 2 Patents Amendment Act 1992 Section 2(1) IPONZ inserted 13 September 2014 section 249 Patents Act 2013 Section 2(1) journal replaced 13 September 2014 section 249 Patents Act 2013 Section 2(1) Minister replaced 1 December 1988 section 4(1) Trade and Industry Act Repeal Act 1988 Section 2(1) Patent Cooperation Treaty inserted 1 December 1992 section 2 Patents Amendment Act 1992 Section 2(1) receiving Office inserted 1 December 1992 section 2 Patents Amendment Act 1992 Section 2(1) Treaty application inserted 1 December 1992 section 2 Patents Amendment Act 1992 Section 2(1) Treaty regulations inserted 1 December 1992 section 2 Patents Amendment Act 1992 Section 2(3) inserted 14 October 1999 section 3(3) Patents Amendment Act 1999
2A: Act preserved for patent attorney provisions
1: This Act continues to govern patent attorneys and their registration.
2: The Patents Act 2013 see subpart 6
3: This section is intended only as a guide to the general scheme and effect of these Acts. Section 2A inserted 13 September 2014 section 249 Patents Act 2013
3: Commissioner of Patents
Section 3 repealed 13 September 2014 section 247(1) Patents Act 2013
4: Assistant Commissioners of Patents and other officers
Section 4 repealed 13 September 2014 section 247(1) Patents Act 2013
5: Patent Office
Section 5 repealed 13 September 2014 section 247(1) Patents Act 2013
5A: Closing of Patent Office at short notice
Section 5A repealed 13 September 2014 section 247(1) Patents Act 2013
6: Officers and employees of Patent Office not to acquire interest in any patent or prepare specifications
Section 6 repealed 13 September 2014 section 247(1) Patents Act 2013 Application, investigation, opposition, etc Heading repealed 13 September 2014 section 247(1) Patents Act 2013
7: Persons entitled to make application
Section 7 repealed 13 September 2014 section 247(1) Patents Act 2013
8: Application
Section 8 repealed 13 September 2014 section 247(1) Patents Act 2013
9: Complete and provisional specifications
Section 9 repealed 13 September 2014 section 247(1) Patents Act 2013
10: Contents of specification
Section 10 repealed 13 September 2014 section 247(1) Patents Act 2013
11: Priority date of claims of complete specification
Section 11 repealed 13 September 2014 section 247(1) Patents Act 2013
12: Examination of application
Section 12 repealed 13 September 2014 section 247(1) Patents Act 2013
13: Search for anticipation by previous publication
Section 13 repealed 13 September 2014 section 247(1) Patents Act 2013
14: Search for anticipation by prior claim
Section 14 repealed 13 September 2014 section 247(1) Patents Act 2013
15: Commissioner may require information as to corresponding applications overseas
Section 15 repealed 13 September 2014 section 247(1) Patents Act 2013
16: Reference in case of potential infringement
Section 16 repealed 13 September 2014 section 247(1) Patents Act 2013
17: Refusal of application in certain cases
Section 17 repealed 13 September 2014 section 247(1) Patents Act 2013
18: Supplementary provisions as to examination, etc
Section 18 repealed 13 September 2014 section 247(1) Patents Act 2013
19: Time for putting application in order for acceptance
Section 19 repealed 13 September 2014 section 247(1) Patents Act 2013
20: Acceptance and publication of complete specification
Section 20 repealed 13 September 2014 section 247(1) Patents Act 2013
21: Opposition to grant of patent
Section 21 repealed 13 September 2014 section 247(1) Patents Act 2013
22: Refusal of patent without opposition
Section 22 repealed 13 September 2014 section 247(1) Patents Act 2013
23: Mention of inventor as such in patent
Section 23 repealed 13 September 2014 section 247(1) Patents Act 2013
24: Substitution of applicants, etc
Section 24 repealed 13 September 2014 section 247(1) Patents Act 2013
25: Provisions for secrecy of certain inventions
Section 25 repealed 13 September 2014 section 247(1) Patents Act 2013
26: Inventions relating to atomic energy
Section 26 repealed 13 September 2014 section 247(1) Patents Act 2013 Treaty application Heading repealed 13 September 2014 section 247(1) Patents Act 2013
26A: Treaty application deemed to be application accompanied by complete specification
Section 26A repealed 13 September 2014 section 247(1) Patents Act 2013
26B: Description, claims, and drawings
Section 26B repealed 13 September 2014 section 247(1) Patents Act 2013
26C: International filing date
Section 26C repealed 13 September 2014 section 247(1) Patents Act 2013
26D: Commissioner to provide international filing date
Section 26D repealed 13 September 2014 section 247(1) Patents Act 2013
26E: Amendments to documents forming part of complete specification
Section 26E repealed 13 September 2014 section 247(1) Patents Act 2013
26F: Treaty application void
Section 26F repealed 13 September 2014 section 247(1) Patents Act 2013
26G: Requirements for examination of Treaty application
Section 26G repealed 13 September 2014 section 247(1) Patents Act 2013
26H: Publication of Treaty applications
Section 26H repealed 13 September 2014 section 247(1) Patents Act 2013 Grant, effect, and term of patent Heading repealed 13 September 2014 section 247(1) Patents Act 2013
27: Grant and sealing of patent
Section 27 repealed 13 September 2014 section 247(1) Patents Act 2013
28: Amendment of patent granted to deceased applicant
Section 28 repealed 13 September 2014 section 247(1) Patents Act 2013
29: Extent, effect, and form of patent
Section 29 repealed 13 September 2014 section 247(1) Patents Act 2013
30: Date and term of patent
Section 30 repealed 13 September 2014 section 247(1) Patents Act 2013
31: Extension on ground of inadequate remuneration
Section 31 repealed 1 January 1995 section 5 Patents Amendment Act 1994
32: Extension on ground of war loss
Section 32 repealed 1 January 1995 section 5 Patents Amendment Act 1994
33: Extension on ground of war loss of licensee
Section 33 repealed 1 January 1995 section 5 Patents Amendment Act 1994
34: Patents of addition
Section 34 repealed 13 September 2014 section 247(1) Patents Act 2013 Restoration of lapsed patents and patent applications Heading repealed 13 September 2014 section 247(1) Patents Act 2013
35: Restoration of lapsed patents
Section 35 repealed 13 September 2014 section 247(1) Patents Act 2013
36: Restoration of applications where patent not sealed
Section 36 repealed 13 September 2014 section 247(1) Patents Act 2013
37: Restoration of application where complete specification not accepted
Section 37 repealed 13 September 2014 section 247(1) Patents Act 2013 Amendment of specifications Heading repealed 13 September 2014 section 247(1) Patents Act 2013
38: Amendment of specification with leave of Commissioner
Section 38 repealed 13 September 2014 section 247(1) Patents Act 2013
39: Amendment of specification with leave of court
Section 39 repealed 13 September 2014 section 247(1) Patents Act 2013
40: Supplementary provisions as to amendment of specification
Section 40 repealed 13 September 2014 section 247(1) Patents Act 2013 Revocation and surrender of patents Heading repealed 13 September 2014 section 247(1) Patents Act 2013
41: Revocation of patent by court
Section 41 repealed 13 September 2014 section 247(1) Patents Act 2013
42: Revocation of patent by Commissioner
Section 42 repealed 13 September 2014 section 247(1) Patents Act 2013
43: Surrender of patent
Section 43 repealed 13 September 2014 section 247(1) Patents Act 2013 Voluntary endorsement of patent Heading repealed 13 September 2014 section 247(1) Patents Act 2013
44: Endorsement of patent
licences of right Section 44 repealed 13 September 2014 section 247(1) Patents Act 2013
45: Cancellation of endorsement under section 44
Section 45 repealed 13 September 2014 section 247(1) Patents Act 2013 Compulsory licences, etc Heading repealed 13 September 2014 section 247(1) Patents Act 2013
46: Compulsory licence
Section 46 repealed 13 September 2014 section 247(1) Patents Act 2013
47: Provisions as to licences under section 46
Section 47 repealed 1 January 1995 section 8 Patents Amendment Act 1994
48: Exercise of powers on applications under section 46
Section 48 repealed 13 September 2014 section 247(1) Patents Act 2013
49: Endorsement, etc, on application of Crown
Section 49 repealed 1 January 1995 section 10(1) Patents Amendment Act 1994
50: Revocation of patent
Section 50 repealed 1 January 1995 section 10(1) Patents Amendment Act 1994
51: Inventions relating to food or medicine, etc
Section 51 repealed 19 August 1992 section 8(1) Patents Amendment Act 1992
52: Procedure on application under sections 46 to
50 Section 52 repealed 1 January 1995 section 10(2) Patents Amendment Act 1994
53: Appeal and references to arbitrator
Section 53 repealed 1 January 1995 section 10(2) Patents Amendment Act 1994
54: Supplementary provisions
Section 54 repealed 13 September 2014 section 247(1) Patents Act 2013 Use of patented inventions for services of the Crown Heading repealed 13 September 2014 section 247(1) Patents Act 2013
55: Use of patented inventions for services of the Crown
Section 55 repealed 13 September 2014 section 247(1) Patents Act 2013
56: Rights of third parties in respect of Crown use
Section 56 repealed 13 September 2014 section 247(1) Patents Act 2013
57: Reference of disputes as to Crown use
Section 57 repealed 13 September 2014 section 247(1) Patents Act 2013
58: Special provisions as to Crown use during emergency
Section 58 repealed 13 September 2014 section 247(1) Patents Act 2013
58A: Nature and scope of rights under section 55
Section 58A repealed 13 September 2014 section 247(1) Patents Act 2013
58B: Duty to inform owner
Section 58B repealed 13 September 2014 section 247(1) Patents Act 2013
58C: Patentee entitled to remuneration
Section 58C repealed 13 September 2014 section 247(1) Patents Act 2013 Anticipation, etc Heading repealed 13 September 2014 section 247(1) Patents Act 2013
59: Previous publication
Section 59 repealed 13 September 2014 section 247(1) Patents Act 2013
60: Previous communication, display, or working
Section 60 repealed 13 September 2014 section 247(1) Patents Act 2013
61: Use and publication after provisional specification or foreign application
Section 61 repealed 13 September 2014 section 247(1) Patents Act 2013
62: Priority date in case of obtaining
Section 62 repealed 13 September 2014 section 247(1) Patents Act 2013 Miscellaneous provisions as to rights in inventions Heading repealed 13 September 2014 section 247(1) Patents Act 2013
63: Co-ownership of patents
Section 63 repealed 13 September 2014 section 247(1) Patents Act 2013
64: Power of Commissioner to give directions to co-owners
Section 64 repealed 13 September 2014 section 247(1) Patents Act 2013
65: Disputes as to inventions made by employees
Section 65 repealed 13 September 2014 section 247(1) Patents Act 2013
66: Avoidance of certain restrictive conditions
Section 66 repealed 13 September 2014 section 247(1) Patents Act 2013
67: Determination of certain contracts
Section 67 repealed 13 September 2014 section 247(1) Patents Act 2013 Proceedings for infringement, etc Heading repealed 13 September 2014 section 247(1) Patents Act 2013
68: Restrictions on recovery of damages for infringement
Section 68 repealed 13 September 2014 section 247(1) Patents Act 2013
68A: Burden of proof for infringement of process patent
Section 68A repealed 13 September 2014 section 247(1) Patents Act 2013
68B: Regulatory review exception
Section 68B repealed 13 September 2014 section 247(1) Patents Act 2013
69: Order for account in action for infringement
Section 69 repealed 13 September 2014 section 247(1) Patents Act 2013
70: Counterclaim for revocation in action for infringement
Section 70 repealed 13 September 2014 section 247(1) Patents Act 2013
71: Relief for infringement of partially valid specification
Section 71 repealed 13 September 2014 section 247(1) Patents Act 2013
72: Proceedings for infringement by exclusive licensee
Section 72 repealed 13 September 2014 section 247(1) Patents Act 2013
73: Certificate of contested validity of specification
Section 73 repealed 13 September 2014 section 247(1) Patents Act 2013
74: Remedy for groundless threats of infringement proceedings
Section 74 repealed 13 September 2014 section 247(1) Patents Act 2013
75: Power of court to make declaration as to non-infringement
Section 75 repealed 13 September 2014 section 247(1) Patents Act 2013
76: Attorney-General may appear in patent proceedings
Section 76 repealed 13 September 2014 section 247(1) Patents Act 2013 International agreements, etc Heading repealed 13 September 2014 section 247(1) Patents Act 2013
77: Orders in Council as to convention countries
Section 77 repealed 13 September 2014 section 247(1) Patents Act 2013
78: Supplementary provisions as to convention applications
Section 78 repealed 13 September 2014 section 247(1) Patents Act 2013
79: Special provisions as to vessels, aircraft, and land vehicles
Section 79 repealed 13 September 2014 section 247(1) Patents Act 2013
80: Extension of time for certain convention applications
Section 80 repealed 13 September 2014 section 247(1) Patents Act 2013
81: Protection of inventions communicated under international agreements
Section 81 repealed 13 September 2014 section 247(1) Patents Act 2013
82: Regulations under section 80 or section 81
Section 82 repealed 13 September 2014 section 247(1) Patents Act 2013 Register of patents, etc
83: Register of patents
Section 83 repealed 13 September 2014 section 247(1) Patents Act 2013
84: Registration of assignments, etc
Section 84 repealed 13 September 2014 section 247(1) Patents Act 2013
85: Limitation of proceedings
Section 85 repealed 13 September 2014 section 247(1) Patents Act 2013
85A: Application of Personal Property Securities Act 1999
Section 85A repealed 13 September 2014 section 247(1) Patents Act 2013
86: Commissioner may dispense with production of probate or letters of administration in certain cases
Section 86 repealed 13 September 2014 section 247(1) Patents Act 2013
87: Rectification of register of patents by court
Section 87 repealed 13 September 2014 section 247(1) Patents Act 2013
88: Correction of errors
Section 88 repealed 13 September 2014 section 247(1) Patents Act 2013
89: Evidence of entries, documents, etc
1: A certificate
2: A copy of any entry in any register or of any document kept by IPONZ, or an extract from that register or document,
3: Where by this Act or otherwise by law the Commissioner is directed, authorised, or empowered to do, exercise, or perform any act, power, function, or duty, any notification in the journal 1921–22 No 18 ss 130, 131 1946 No 32 s 6(3) Section 89(1) amended 13 September 2014 section 249 Patents Act 2013 Section 89(2) amended 13 September 2014 section 249 Patents Act 2013 Section 89(3) amended 13 September 2014 section 249 Patents Act 2013
90: Requests for information as to patent or patent application
Section 90 repealed 13 September 2014 section 247(1) Patents Act 2013
91: Restriction upon publication of specifications, etc
Section 91 repealed 13 September 2014 section 247(1) Patents Act 2013
92: Loss or destruction of patent
Section 92 repealed 13 September 2014 section 247(1) Patents Act 2013
93: Commissioner may grant extension of time
Section 93 repealed 13 September 2014 section 247(1) Patents Act 2013
93A: Additional provisions for extending time limits
Section 93A repealed 13 September 2014 section 247(1) Patents Act 2013 Proceedings before Commissioner Heading repealed 13 September 2014 section 247(1) Patents Act 2013
94: Exercise of discretionary powers of Commissioner
Section 94 repealed 13 September 2014 section 247(1) Patents Act 2013
95: Costs and security for costs
Section 95 repealed 13 September 2014 section 247(1) Patents Act 2013
96: Evidence before Commissioner
Section 96 repealed 13 September 2014 section 247(1) Patents Act 2013 Appeals Heading repealed 13 September 2014 section 247(1) Patents Act 2013
97: Appeals to
High Court Section 97 repealed 13 September 2014 section 247(1) Patents Act 2013
98: Appeals to Court of Appeal
Section 98 repealed 13 September 2014 section 247(1) Patents Act 2013
99: Costs of Commissioner in proceedings before court
Section 99 repealed 13 September 2014 section 247(1) Patents Act 2013 Patent attorneys
100: Registration of patent attorneys
1: There shall be kept at IPONZ
2: The Commissioner may register as a patent attorney any person who,—
a: is a British subject or a citizen of the Republic of Ireland; and
b: is not less than 21 years of age; and
c: has passed in all subjects of the prescribed examination; and
d: if so required by regulations made under this Act, has been employed for the period specified in the regulations in the manner specified in the regulations; and
e: possesses such other qualifications as may be prescribed.
3: Regulations made under this Act may provide for the appointment of a person or persons to conduct the examinations referred to in subsection (2).
4: Every person who was registered as a patent agent under the Patents, Designs, and Trade Marks Act 1921–22 1921–22 No 18 s 135 Section 100(1) amended 13 September 2014 section 249 Patents Act 2013
101: Powers of patent attorneys
1: A patent attorney—
a: shall be entitled to prepare all documents, transact all business, and conduct all proceedings for the purposes of the Patents Act 2013
b: shall have such other rights and privileges as may be prescribed.
2: Nothing in this section shall authorise a patent attorney to transact business or conduct proceedings in a court.
3: A person who is registered under section 100 section 32 section 33 section 35 Patents Act 1949 s 88(5) (UK) Section 101(1)﻿(a) amended 13 September 2014 section 249 Patents Act 2013 Section 101(3) replaced 1 August 2008 section 348 Lawyers and Conveyancers Act 2006
102: Cancellation of registration of patent attorneys
1: The court, on application made by the Commissioner or by the New Zealand Institute of Patent Attorneys Incorporated with the leave in writing of the Attorney-General, may order the removal from the register of patent attorneys of the name of any patent attorney or the suspension from practice before IPONZ
a: is convicted of a crime involving dishonesty within the meaning of section 2
b: has been guilty of misconduct in his professional capacity and by reason thereof is not a fit and proper person to practise as a patent attorney; or
c: has otherwise been guilty of grave impropriety or infamous conduct and by reason thereof is not a fit and proper person to practise as a patent attorney.
2: The Commissioner and the New Zealand Institute of Patent Attorneys Incorporated shall be entitled to appear and be heard on any such application.
3: No person whose name has been removed from the register of patent attorneys under this section shall be again entered thereon except by direction of the court. Section 102(1) amended 13 September 2014 section 249 Patents Act 2013 Section 102(1)﻿(a) amended 1 January 1962 section 411(1) Crimes Act 1961
103: Restrictions on practice as patent attorney
1: No person either alone or in partnership shall carry on business, practise, act, describe himself or hold himself out, or permit himself to be described or held out, as a patent attorney or patent agent unless he is registered as a patent attorney, or, as the case may be, unless he and all his partners are so registered.
2: No company shall carry on business, practise, act, describe itself or hold itself out, or permit itself to be described or held out, as a patent attorney or patent agent: provided that this subsection shall not apply in the case of any company which was immediately before the commencement of this Act carrying on business as a patent attorney during any period or periods while a manager or director of the company is registered as a patent attorney.
3: For the purposes of this section a person who or a company which undertakes for gain in New Zealand—
a: to apply for or obtain patents in New Zealand or elsewhere; or
b: to prepare specifications or other documents for the purposes of the Patents Act 2013
c: to give advice other than of a scientific or technical nature as to the validity of patents or their infringement— shall be deemed to carry on business as a patent attorney.
4: Any person who or company which fails to comply with or acts in contravention of the provisions of this section commits an offence, and shall be liable on $200
5: Nothing in this section shall be construed as prohibiting barristers or solicitors of the High Court the Patents Act 2013
6: Nothing in this section shall prevent the personal representative of a deceased patent attorney from carrying on the business or practice of the deceased patent attorney for a period not exceeding 3 years from the date of the death of the patent attorney, or for such further period (if any) as the court may allow, if the personal representative is himself registered as a patent attorney or employs a person who is registered as a patent attorney to manage the business or practice. 1921–22 No 18 s 135 Section 103(3)﻿(b) amended 13 September 2014 section 249 Patents Act 2013 Section 103(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 103(5) amended 13 September 2014 section 249 Patents Act 2013 Section 103(5) amended 1 April 1980 section 12 Judicature Amendment Act 1979
104: Recovery of patent attorney's charges
1: No patent attorney shall commence or maintain any action for the recovery of any fees, charges, or disbursements paid or incurred or made by him for any business done by him as a patent attorney until the expiration of 7 days after a bill of the fees, charges, and disbursements, signed by him (or, in the case of a partnership, by any of the partners with the name of the partnership), or enclosed in or accompanied by a letter signed in like manner referring to the bill, has been delivered to the party chargeable.
2: The delivery may be effected either by personal delivery to the party chargeable or by leaving the bill or letter for him at his place of business, or dwellinghouse, or last known place of abode, or by forwarding it to him by post in a registered letter addressed to him as aforesaid. Where it is forwarded by post as aforesaid, it shall be deemed to have been delivered at the time at which the letter would have been delivered in the ordinary course of post. 1921–22 No 18 s 137 Offences
105: Falsification of register, etc
1: Every person who makes or causes to be made a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in any such register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, commits an offence, and shall be liable on conviction
2: Despite anything to the contrary in section 25 1921–22 No 18 s 143 Section 105(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 105(2) inserted 1 July 2013 section 413 Criminal Procedure Act 2011
106: Unauthorised claim of patent rights
Section 106 repealed 13 September 2014 section 247(1) Patents Act 2013
107: Protection of Royal Arms, etc
Section 107 repealed 13 September 2014 section 247(1) Patents Act 2013
108: Offences by companies
Where an offence against section 25 section 26 section 103 section 105 Patents Act 1949 s 93 (UK)
109: Certain offences may be dealt with summarily
Section 109 repealed 1 April 1958 section 214(1) Summary Proceedings Act 1957 Miscellaneous
110: Service of notices, etc, by post
1: Any notice required or authorised to be given by or under this Act, and any application or other document so authorised or required to be made or filed, may be given, made, or filed by sending it by post in a letter addressed to the person concerned at his usual or last known address.
2: Where any notice is sent by the Commissioner to any person by post as aforesaid the notice shall be deemed to have been given at the time when the letter containing it would have been delivered in the ordinary course of post. 1921–22 No 18 s 132
111: Declaration by person under disability
Section 111 repealed 13 September 2014 section 247(1) Patents Act 2013
112: Journal Section 112 repealed 13 September 2014 section 247(1) Patents Act 2013
113: Rules of court
Section 113 repealed 13 September 2014 section 247(1) Patents Act 2013
114: Regulations
1: Subject to the provisions of this Act, the Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof.
2: Without limiting the general power conferred by subsection (1), it is hereby declared that regulations may be made under this section for all or any of the following purposes:
a: for regulating the business of the Patent Office in relation to patents:
b: for regulating all matters by this Act placed under the direction or control of the Commissioner:
c: for prescribing the form and manner of execution of applications for patents and of any specifications, drawings, or other documents which may be filed at the Patent Office, and for requiring copies to be furnished of any such documents:
d: for regulating the procedure to be followed in connection with any application or request to the Commissioner or in connection with any proceeding before the Commissioner and for authorising the rectification of irregularities of procedure:
e: for regulating the keeping of the register of patent attorneys:
f: for regulating the registration of patent attorneys, and for prescribing the terms and conditions of their registration:
g: for regulating the procedure for removing the names of patent attorneys from the register of patent attorneys and for suspending patent attorneys from practice before the Patent Office:
h: prescribing classes of persons whom the Commissioner may refuse to recognise as agents in respect of proceedings under this Act:
i: for authorising the preparation, publication, sale, and exchange of copies of specifications, drawings, and other documents in the Patent Office and of indexes to and abridgments of them:
j: for prescribing the mode of advertising any matter which by this Act is required to be advertised:
k: for prescribing anything authorised or required by this Act to be prescribed by regulations:
l: for the carrying out, or giving effect to, New Zealand's obligations under the Patent Cooperation Treaty.
3: 1921–22 No 18, s 138; Patents Act 1949 s 94 (UK) Section 114(2)﻿(l) inserted 1 December 1992 section 9 Patents Amendment Act 1992 Section 114(3) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989
115: Fees
1: Subject to the provisions of this Act, there shall be paid in respect of the grant of patents and applications therefor, and in respect of other matters relating to patents arising under this Act, such fees as may be from time to time prescribed by regulations made under this Act, and all such fees shall be paid into a Departmental Bank Account
2: Any sum paid to the Commissioner by mistake, or any sum the payment of which is not required by the regulations made under this Act, may be refunded by the Commissioner, and all moneys so refunded shall be paid out of public money
3: Fees in respect of international applications may, in accordance with New Zealand's obligations under the Patent Cooperation Treaty, be collected by the Commissioner on behalf of—
a: the International Bureau; or
b: any international search authority that has been approved, for the purposes of this subsection, by the Minister as an appropriate authority on whose behalf the Commissioner may collect such fees. 1921–22 No 18 s 117; Patents Act 1949 s 99 (UK) Section 115(1) amended 26 July 1989 section 86(1) Public Finance Act 1989 Section 115(2) amended 26 July 1989 section 86(1) Public Finance Act 1989 Section 115(3) inserted 1 December 1992 section 10 Patents Amendment Act 1992
116: Annual report of Commissioner
Section 116 repealed 13 September 2014 section 247(1) Patents Act 2013
117: Saving for Royal prerogative, etc
Section 117 repealed 13 September 2014 section 247(1) Patents Act 2013
118: Application of Act to
Tokelau Section 118 repealed 13 September 2014 section 247(1) Patents Act 2013
119: Repeals and savings
Section 119 repealed 13 September 2014 section 247(1) Patents Act 2013