✨ Patent Regulations Text




1054

THE NEW ZEALAND GAZETTE.

open as is consistent with the required effect. Section-lines
should not be too closely drawn. No colour must be used
for any purpose upon the copy of the drawing. All letters
and figures of reference must be bold and distinct. The
drawings or copies must not be folded, but must be delivered
at the Patent Office either in a perfectly flat state or rolled
upon a roller or in a stiff case, so as to be free from creases
or breaks. (Drawings and copies of a size not exceeding
two feet square are preferred.)

Applications at local patent offices.
6. Where an application for Letters Patent is left at a
local patent office and accepted by the Registrar the accept-
ance by the Registrar shall be dated as of the time at which
it was left at the local patent office.

Application by representatives.
7. An application for a patent by the legal representative
of a person who has died possessed of an invention shall be
accompanied by an office copy of or extract from his will,
or the letters of administration granted of his estate and
effects, in proof of the applicant's title as such legal repre-
sentative. Such copy or extract shall be verified to the
satisfaction of the Registrar.

Application by nominee or assignee.
8. An application for a patent by the nominee or assignee
of the true and first inventor shall be accompanied by the
written authority of such inventor, duly verified, or by a
copy of the instrument under which the applicant claims,
verified by affidavit, and in each case a statutory declaration
shall be furnished by the applicant that he is the bonΓ’ fide
nominee or assignee of the inventor with respect to such
patent.

Extension of time.
9. An application for extension of time for leaving or
accepting a complete specification shall be in writing, and
shall state in detail under what circumstances and upon what
grounds such extension is applied for; and the Registrar may
require the applicant to substantiate such statement by such
proof as the Registrar may think necessary.

Amendment of specification.
10. A request for leave to amend a specification shall be
signed by the applicant or patentee, as the case may be
(hereinafter called "the applicant"), and be accompanied
by a copy of the original specification and drawings, if draw-
ings are to be amended, showing in red ink the proposed
amendment.

Notice of opposition.
11. A notice of opposition to the amendment shall state
the ground or grounds on which the person giving such
notice intends to oppose the amendment, and shall be signed
by him. Such notice shall be in duplicate.

Copy for applicant.
12. One of such notices, or a copy thereof, shall be fur-
nished by the Registrar to the applicant.

New and amended specification.
13. Where leave to amend is given, the applicant shall, if
the Registrar so require, and within a time to be limited by
him, leave at the Patent Office a new specification and draw-
ings, as amended, to be prepared in accordance with the said
Act and these regulations.

Compulsory licenses.
14. A petition to the Governor for an order upon a patentee
to grant a license shall show clearly the nature of the peti-
tioner's interest and the ground or grounds upon which he
claims to be entitled to relief, and shall state in detail the
circumstances of the case, the terms upon which he asks that
an order may be made, and the purport of such order.

  1. The petition, and a certified copy thereof, shall be left
    at the Patent Office, accompanied by the affidavits or statu-
    tory declarations and other documentary evidence, if any,
    tendered by the petitioner in proof of the alleged default of
    the patentee.

  2. Unless the Governor shall be of opinion that the order
    should be at once refused, he may instruct the Registrar to
    require the petitioner to deliver to the patentee, on or before
    a day to be named by the Registrar, copies of the petition
    and of the affidavits or statutory declarations and other docu-
    mentary evidence, if any, tendered in support thereof.

  3. Within twenty-one days after the day of such delivery
    to the patentee he shall leave at the Patent Office his
    affidavits or statutory declarations in opposition to the
    petition, and deliver copies thereof to the petitioner.

  4. The petitioner, within twenty-one days from such
    delivery, may leave at the Patent Office affidavits or statu-
    tory declarations in reply, and in such case shall deliver
    copies thereof to the petitioner. Such last-mentioned affi-
    davits or declarations shall be confined to matters strictly in
    reply.

[No. 60

  1. Subject to any directions the Governor may give, the
    parties shall then be heard at such time before the Registrar
    or such other person or persons as the Governor may direct,
    but so that full opportunity shall be given to the patentee
    to show cause against the petition, and at the close of such
    hearing the Registrar or such other person or persons shall
    report thereon for the information of the Governor.

Transmission of Interest. Registration.
20. Where a person becomes entitled to a patent or to any
share or interest therein by assignment, either throughout
the colony or for any place or places therein, or by trans-
mission or other operation of law, a request for the entry of
his name in the register as such proprietor of the patent,
or of such share or interest therein, as the case may be,
shall be addressed to the Registrar, and left at the Patent
Office.

  1. Such request shall, in the case of individuals, be made
    and signed by the person requiring to be registered as pro-
    prietor, or by his agent, duly authorised to the satisfaction of
    the Registrar, and in the case of a body corporate by its
    principal officer or by its agent, authorised in like manner.

  2. Every such request shall state the name, address, and
    description of the person claiming to be entitled to the
    patent, or to any share or interest therein, as the case may
    be, and the particulars of the assignment, transmission, or
    other operation of law, by virtue of which he requires to be
    entered in the register as proprietor, so as to show the
    manner in which, and the person or persons to whom, the
    patent, or such share or interest therein, as aforesaid, has
    been assigned or transmitted.

Documents of title.
23. Every assignment and every other document contain-
ing, giving effect to, or being evidence of the transmission of
a patent, or affecting the proprietorship thereof, as claimed
by such request, or certified copies of every such assignment
or other document, shall be left at the Patent Office with
such request, and such other proof of title as the Registrar
may require.

Body corporate.
24. A body corporate may be registered as proprietor by its
corporate name.

Orders of the Court.
25. Where the Court has made any order under the said
Act affecting the registration, validity, or proprietorship of a
patent, the person in whose favour such order has been made
shall forthwith leave at the Patent Office an office-copy of
such order, and thereupon the register of patents shall be
rectified, or the purport of such order shall otherwise be duly
entered in such register, as the case may be.

Entry of licenses.
26. A certified copy of every license granted under a
patent shall be left at the Patent Office by the licensee,
with a request that a notification thereof may be entered in
the register.

Power to dispense with evidence.
27. Where, under these regulations, any person is re-
quired to do any act or thing, or to sign any document, or to
make any declaration on behalf of himself or of any body
corporate, or any document or evidence is required to be
produced to or left with the Registrar, or at the Patent
Office, and it is shown to the satisfaction of the Registrar
that, from any reasonable cause, such person is unable to do
such act or thing, or to sign such document, or make such
declaration, or that such document or evidence cannot be
produced or left as aforesaid, it shall be lawful for the Regis-
trar, upon the production of such other evidence, and subject
to such terms as he may think fit, to dispense with any such
act or thing, document, declaration, or evidence.

Office copies of documents.
28. Applications for copies of documents or drawings must
be accompanied by a deposit of such sum as the Registrar
shall consider sufficient to cover the cost of copying. Copies
of drawings are to be charged for according to the time
occupied in each case.

Translations.
29. Documents in any language other than English, depo-
sited in the Patent Office, must be accompanied by transla-
tions into English, verified by a statutory declaration, or
certified to as correct by some person approved of by the
Registrar.

Address and address for service.
30. Every petition, application, notice, and other docu-
ment left at the Patent Office shall contain or be accom-
panied by a statement of an address within the Colony of
New Zealand, to which all communications may be made by
the Registrar, and such statement shall be binding upon the
applicant until a substituted statement of address shall be
furnished by him to the Registrar.

ALEX. WILLIS,
Clerk of the Executive Council.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1889, No 60





✨ LLM interpretation of page content

🏭 Order in Council making Patents Regulations (continued from previous page)

🏭 Trade, Customs & Industry
2 October 1889
Patents Regulations, Order in Council, Patent Office procedures, Registration, Specification amendment, Compulsory licenses
  • ALEX. WILLIS, Clerk of the Executive Council

🏭 Order in Council making Patents Regulations (continued from previous page)

🏭 Trade, Customs & Industry
2 October 1889
Patents, Regulations, Specifications, Applications, Licenses, Registration, Patent Office, Procedure
  • ALEX. WILLIS, Clerk of the Executive Council