✨ Patent Regulations Text




526

THE NEW ZEALAND GAZETTE.

  1. Every application for Letters Patent must
    be accompanied by or contain a declaration that
    no Letters Patent have been issued or applied for
    elsewhere for the invention in respect of which
    the application is made.

  2. All specifications and copies left at the
    Colonial Secretary's Office, or afterwards required
    or allowed to be deposited by the Patent Officer,
    must be written in a large, legible hand, and every
    such specification as aforesaid shall be in the form
    contained in the First Schedule to "The Patents
    Act, 1870," or to the like effect, and all such
    specifications and copies, whether relating to ap-
    plication for Letters Patent or Letters of Regis-
    tration, shall be written upon both sides of one
    or more skin or skins of parchment, and every
    page thereof shall be of the exact size of twenty
    inches in length by fifteen inches in breadth,
    leaving a margin of at least one inch and a half
    on each side of every such page, in order and
    to the intent that the same may be bound into
    books for safe custody; but the drawings accom-
    panying such specification (if any) may be made,
    if necessary, upon larger sheets of parchment
    or tracing cloth, leaving a margin of the size
    and for the purpose aforesaid; and every copy of
    any such specification, and of the drawings accom-
    panying the same (if any) as aforesaid, shall in
    like manner be written upon one or more sheet
    or sheets of paper or tracing cloth of the size and
    with the margins aforesaid.

  3. 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 Regis-
    tration 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
    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 statutory
    declaration by the applicant that he is the person
    named in the original Letters Patent or Letters of
    Registration, and the bond 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.

  4. The notice of an intention to proceed with
    an application for Letters Patent must be delivered
    at the office of the Patent Officer at least ninety
    days before the expiration of the period of
    protection.

  5. When in any case the Patent Officer deems
    it expedient to require security for costs, he may
    make an order that the applicant or his agent, and
    the objector or his agent, shall deposit before the
    hearing such sum as he may think fit to meet any
    order for the remuneration of persons called to the
    aid of such Patent Officer, or for the costs of the
    hearing.

  6. When an applicant is desirous of submitting
    an amended specification or drawings for the
    allowance of the Patent Officer, such amended
    specification or drawings must be left at the office
    of the Patent Officer at least five days preceding
    the day of hearing. No amendment or alteration
    at the instance of the applicant will be allowed in
    any specification or drawing after the same shall
    have been recorded, except on the hearing of the
    application for Letters Patent, and then only in
    the cases permitted by the proviso to the seventh
    section of "The Patents Act, 1870," or for the
    correction of merely clerical errors, or of omissions
    made per incuriam.

  7. Notwithstanding the delivery of the warrant
    at the office of the Colonial Secretary, no Letters
    Patent shall be prepared until application in writing
    shall have been made by the applicant or his agent
    for the preparation of the Letters Patent, and
    until the fee payable on obtaining Letters Patent
    shall have been paid.

  8. 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.

  9. 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 to the Regulations made on the thirteenth
    day of March, one thousand eight hundred and
    seventy-one, and published in the New Zealand
    Gazette of the said twenty-sixth day of April, one
    thousand eight hundred and seventy-one; which
    forms shall be deemed to be incorporated in these
    Regulations.

  10. The Register of Patents referred to in the
    thirtieth section of the said Act shall be in the
    form contained in the Second Schedule to the Regu-
    lations made on the said thirteenth day of March,
    one thousand eight hundred and seventy-one, and
    published in the New Zealand Gazette of the said
    twenty-sixth day of April, one thousand eight
    hundred and seventy-one; which form shall be
    deemed to be incorporated in these Regulations.

  11. The Register of Proprietors provided to be
    kept in the thirty-first section of the said Act
    shall be in the form contained in the Third
    Schedule to the Regulations made on the said
    thirteenth day of March, one thousand eight
    hundred and seventy-one, and published in the
    New Zealand Gazette of the said twenty-sixth day
    of April, one thousand eight hundred and seventy-
    one; which form shall be deemed to be incorpo-
    rated in these Regulations.

  12. There shall be kept an Index to the Register
    of Proprietors, which shall be in the form contained
    in the Schedule hereto.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1871, No 52





✨ LLM interpretation of page content

πŸ›οΈ Continuation of Rules and Regulations under The Patents Act, 1870 (continued from previous page)

πŸ›οΈ Governance & Central Administration
20 September 1871
Patent application, Specifications, Letters of Registration, Patent Officer, Legal requirements, Colonial Secretary, Parchment size