✨ Patents Regulations
1856
THE NEW ZEALAND GAZETTE.
[No. 50
give notice of any fee becoming due, but no liability shall be incurred by him if he fails to do so, or if for any reason the notice, if given, is incorrect in any particular or fails to reach the agent, the applicant, or the patentee. A certificate of the payment of any renewal fee shall be issued by the Registrar; and a receipt thereof be indorsed on the letters patent on the latter being produced for the purpose.
FORMS.
- The forms herein referred to, or forms to the like effect, shall be used in all cases to which they are applicable, and shall be modified as directed by the Registrar to meet other cases.
DOCUMENTS.
- All documents and copies of documents, except drawings, sent to or left at the Office or a local Patent Office shall be written, type-written, lithographed, or printed in the English language (unless otherwise directed) in legible characters with deep permanent ink upon strong white paper on one side only, of a size of approximately 13 inches by 8 inches, leaving a margin of at least 1½ inches on the left-hand part thereof. Duplicate documents shall at any time be left, if required by the Registrar.
At the top of the first page of a specification a space of about 2 inches should be left blank.
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Any application, notice, or other document authorized or required to be left, made, or given at the Office, or to the Registrar, or to any other person under the said Act or these regulations, may be sent by a prepaid letter through the post, and if so sent shall be deemed to have been left, made, or given at the time when the letter containing the same would be delivered in the ordinary course of post. In proving such sending or service it shall be sufficient to prove that the letter was properly addressed and put into the post.
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Every applicant for and opponent to the grant of a patent, or the restoration of a lapsed patent, or the amendment of a specification, and every person who shall hereafter become a patentee, shall give an address for service, and such address shall, if required, be in New Zealand, and may be treated, for all purposes connected with the patent, as the actual address of such applicant, opponent, or patentee.
AGENCY.
- With the exception of the signing of the following documents—namely, applications for patents or the restoration of lapsed patents, requests for leave to amend applications, specifications, or letters patent, authorizations of agents, requests for issue of duplicate letters patent, and surrenders of letters patent—all communications to the Registrar relating to patents may be signed by and all attendances upon the Registrar may be made by or through an agent duly authorized to the satisfaction of the Registrar, and not being disentitled to recognition on any of the grounds mentioned in the said Act or regulations for the time being in force thereunder relating to the registration of Patent Agents.
APPLICATIONS FOR THE GRANT OF PATENTS.
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An application for a patent, other than a patent of addition, shall be made on one of the forms Nos. 1, 1A, or 1B in the Second Schedule hereto, as the case may be. An application for a patent of addition shall be made on the form No. 1C in the said Schedule. Application by a body corporate may be made on its behalf by a director, or by its secretary or other principal officer, and in such case the forms shall be modified to suit the circumstances of the case.
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In the case of an application for a patent by the legal representative of a person who has died possessed of an invention, the probate of his will, or the letters of administration granted of his estate and effects, or an official copy of such probate or letters, shall be produced at the Office in proof of the applicant’s title as such legal representative, and be supported by such further evidence as the Registrar may require.
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(1.) Applications for patents shall, as far as may be practicable, be numbered in the order of their receipt at the Office or local Patent Office.
(2.) The receipt to be given by a local Patent Officer to an applicant for a patent or to his agent, in pursuance of subsection (5) of section 3 of the said Act, shall be in the form No. 21 in the Second Schedule hereto.
- (1.) When a specification comprises several distinct matters they shall not be deemed to constitute one invention by reason only that they are all applicable to or may form parts of an existing machine, apparatus, or process.
Where a person making application for a patent has included in his specification more than one invention, the Registrar may require or allow him to amend such application and his specification and drawings, or any of them, so as to apply to one invention only, and the applicant may make application for a separate patent for any invention excluded by such amendment.
Every such last-mentioned application may, if the Registrar at any time so directs, bear the date of the original application, or such date between the date of the original application and the date of the application in question, as the Registrar may direct, and shall otherwise be proceeded with as a substantive application in the manner prescribed by the said Act and by these regulations.
Where the Registrar has required or allowed any application or specification or drawings, or any of them, to be amended as aforesaid, such application shall, if the Registrar at any time so directs, bear such date, subsequent to the original date of the application, and not later than the date when the amendment was made, as the Registrar shall consider reasonably necessary to give sufficient time for the subsequent procedure relating to such application.
(2.) Where the same applicant has put in two or more provisional specifications for inventions which he believes to be cognate or modifications one of the other, and the Registrar is of opinion that such inventions are not cognate or modifications one of the other, the applicant may divide the complete specifications left in connection with his application into such number of complete specifications as may be necessary to enable the application to be proceeded with as two or more separate applications for patents for different inventions.
- The Registrar may allow an application for a patent or a complete specification, although not in accordance with the said Act and these regulations, to be left on such terms and conditions as he thinks fit; and in any such case shall require the applicant to comply with the requirements of these regulations within a time to be specified by him in that behalf. No further action need be taken by the Registrar in respect of that application until the prescribed requirements are complied with,
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🏭 Regulations under the Patents, Designs, and Trade-marks Act, 1911
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NZ Gazette 1912, No 50