✨ Patents Act Regulations




THE NEW ZEALAND GAZETTE. 173

invention or specification or a memorandum of any
alterations in the title or specification, not being
such disclaimer as in the said Act is mentioned, may,
by leave of the Patent Officer, as in the said Act is
prescribed, enter such disclaimer or memorandum of
alteration, and shall deposit a copy thereof in the
office therein mentioned; and such disclaimer or
memorandum of alteration being filed in such office
as the Governor in Council shall from time to time
appoint for that purpose, shall be deemed and taken
to be part of such letters patent or such specification,
and subject to the several incidents thereof, in all Courts
whatever, and shall be valid and effectual in favour
of any person in whom the rights under the said
letters patent may then be or thereafter become
legally vested:

And whereas it is by the twenty-fourth section of
the said Act enacted that copies of all specifications,
and the drawings and models accompanying the same
(if any), and of all disclaimers and memoranda of
alterations respectively deposited under or in pur-
suance of the said Act, shall be open to the inspection
of the public at all reasonable times, as well before
as after the grant of letters patent, and whether such
letters patent be granted or not, but subject to such
regulations as the Governor in Council may from
time to time make in that behalf:

And whereas it is by the twenty-ninth section of
the said Act enacted that the Governor may cause
indices to all specifications, disclaimers, and memo-
randa of alterations which may be enrolled or
deposited as in the said Act is mentioned, to be
prepared in such form as may be thought fit, and
such indices shall be open to the inspection of the
public at such places as the Governor in Council
shall appoint, and subject to the regulations to be
made as therein provided:

And whereas it is by the thirtieth section of the
said Act enacted that there shall be kept at the office
to be appointed as therein referred to, a book to be
called the "Register of Patents" wherein shall be
entered and recorded in chronological order all letters
patent and letters of registration granted under the
said Act or "The Patents Act, 1860;" the deposit
and filing of specifications, disclaimers, and memo-
randa of alterations filed in respect of such letters
patent; all amendments in such letters patent and
specifications; all confirmations and extensions of
such letters patent; the expiry, determination, vacat-
ing, or cancelling of such letters patent, with the
dates thereof respectively, and all other matters and
things affecting the validity of such letters patent as
the Governor in Council may direct; and such
register or a copy thereof shall be open at all
convenient times to the inspection of the public,
subject to such regulations as the Governor in
Council may make in that behalf:

And whereas it is by the thirty-first section of the
said Act enacted that there shall be kept at the same
office a book entitled the "Register of Proprietors,"
wherein shall be entered, in such manner as the
Governor in Council shall direct, the assignment of
any letters patent or letters of registration or of any
share or interest therein, any license under letters
patent or letters of registration and the district to
which such license relates, with the names of any
person having any share or interest in such letters
patent or letters of registration or license, the date
of his acquiring such letters patent or letters of
registration, share or interest, and any other matter
or thing relating to or affecting the proprietorship in
such letters patent or letters of registration or
license: and that such register or a copy thereof
shall be open to public inspection, subject to such
regulations as the Governor in Council may make :

Now therefore, His Excellency Sir George Fergu-
son Bowen, the Governor of New Zealand, by and
with the advice and consent of the Executive Council
of the Colony of New Zealand, and in exercise
and pursuance of the before recited powers and
authorities, and all other powers and authorities
enabling him in this behalf, doth by this present
Order make the following Rules and Regulations. :-

  1. There shall be in the Colonial Secretary's Office
    at Wellington an office which shall be the office of
    the Patent Officer for the purposes of "The Patents
    Act, 1870."

  2. The said Patent Office shall be the office or place
    for the purposes mentioned or referred to in the
    nineteenth, twenty-third, thirtieth, and thirty-first
    sections of the said Act.

  3. The said Patent Office shall be the place at which
    the indices mentioned in the twenty-ninth section of
    the said Act shall be open to inspection.

  4. The said Patent Office shall be open to the
    public every day from ten o'clock to four o'clock,
    exccpting on such days as the Colonial Secretary's
    Office shall be closed; and during the time the said
    Patent Office shall be open as aforesaid, all specifica-
    tions, drawings, models, disclaimers, memoranda of
    alterations, indices, register, and other books and
    papers provided by the said Act to be open for
    inspection, shall be so open for inspection.

  5. The time during which all specifications, draw-
    ings, and models deposited in the Colonial Secretary's
    Office may be inspected shall be between ten o'clock
    and four o'clock on every day on which the said
    Colonial Secretary's Office shall be open.

  6. Before Letters of Registration shall issue to any
    person for any invention or discovery for which
    Letters Patent, or any like protection, shall have
    issued in Great Britain or any other country or
    colony, the applicant shall furnish duplicate copies of
    original Letters Patent or Letters of Registration
    and Specifications-one copy of the original Letters
    Patent or Letters of Registration and Specifications
    being certified to as a true and correct copy by a
    Notary Public: also a statutory declaration by a
    person conversant with the laws of Great Britain or
    of the country or colony in which the said Letters
    Patent or Letters of Registration have been granted,
    not the claimant, that he has searched the Registry
    of Patents in Great Britain or in the country or
    colony in which the patent has issued; or, if there
    is no such registry, that such Letters Patent or
    Letters of Registration are, according to the laws of
    Great Britain or of the country or colony, still in
    force, and not assigned or parted with: also a statu-
    tory declaration by the applicant that he is the
    person named in the original Letters Patent or
    Letters of Registration, and the bona fide holder
    thereof; or if claimed under assignment of Letters
    Patent or Letters of Registration or Grant of Right,
    certified copies in duplicate of the Deed or Instru-
    ment of Assignment or Grant: also a statutory
    declaration by claimant annexed to one copy of the
    Deed or Instrument of Assignment or Grant, made
    before a Notary Public, that he is the person named
    in the copy Deed annexed, and that it is a true
    copy of the original Deed.

  7. No Letters Patent of the like tenor and effect,
    and sealed and dated as of the same day as any
    Letters Patent lost or destroyed, shall be issued
    unless and until evidence of such loss or destruction
    be produced to the satisfaction of the said Patent
    Officer. There shall be paid the fee of ten shillings
    on making every application, and the fee of two
    pounds on obtaining any new Letters Patent.

  8. The indices of all specifications, disclaimers, and
    memoranda of alterations provided to be kept by the
    twenty-ninth section of the said Act shall respectively
    be in the forms contained in the First Schedule hereto.



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VUW Te Waharoa PDF NZ Gazette 1871, No 24





✨ LLM interpretation of page content

🏭 Rules and Regulations under the Patents Act, 1870 (continued from previous page)

🏭 Trade, Customs & Industry
13 March 1871
Patents Act 1870, Rules, Regulations, Patent Office, Public Inspection, Registration
  • Sir George Ferguson Bowen, Governor of New Zealand