✨ Patent Regulations
JUNE 8.] THE NEW ZEALAND GAZETTE. 1861
the form No. 18 in the Second Schedule hereto,
and in accordance with the directions thereon.
INDUSTRIAL OR INTERNATIONAL EXHIBITIONS.
- Any person desirous of exhibiting an invention at an industrial or international exhibition, declared as such by the Governor, or of publishing any description of the invention during the period of the holding of the exhibition, or of using the invention for the purpose of the exhibition, in the place where the exhibition is held, may give to the Registrar notice in the form No. 19 in the Second Schedule hereto of his intention so to exhibit, publish, or use the invention, as the case may be. For the purpose of identifying the invention in the event of an application for a patent being subsequently made, the inventor shall furnish to the Registrar a brief description of his invention, accompanied, if necessary, by drawings and such other information as the Registrar may in each case require.
EXERCISE OF DISCRETIONARY POWERS BY THE REGISTRAR.
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Before exercising any discretionary power given to the Registrar by the said Act or these regulations adversely to the applicant for a patent or for amendment of a specification, the Registrar shall give the applicant, within such time as the Registrar may allow, an opportunity of putting his case before him in writing, or, if he so desires, of being heard personally or by his agent.
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Whether the applicant desires to be heard or not, the Registrar may at any time require him to submit a statement in writing within a time to be notified by the Registrar, or to attend before him and make oral explanations with respect to such matters as the Registrar may require.
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The decision or determination of the Registrar in the exercise of any such discretionary power as aforesaid shall be notified by him to the applicant, and to any other person who appears to him to be affected thereby.
STATUTORY DECLARATIONS.
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The statutory declarations required by these regulations, or used in any proceedings thereunder, shall be headed in the matter or matters to which they relate, and shall be drawn up in the first person, and shall be divided into paragraphs consecutively numbered, and each paragraph shall so far as possible be confined to one subject. Every statutory declaration shall state the description and true place of abode of the person making the same, and shall bear the name and address of the person leaving it, and shall state on whose behalf it is left.
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The statutory declarations required by the said Act and these regulations, or used in any proceedings thereunder, shall be made and subscribed as follows:—
(a.) In New Zealand, in the manner prescribed by the Justices of the Peace Act, 1908;
(b.) In the United Kingdom, before any Justice of the Peace, or any Commissioner or other officer authorized by law in any part of the United Kingdom to administer an oath for the purpose of any legal proceeding;
(c.) In any other part of His Majesty’s dominions, before any Court, Judge, Justice of the Peace, or any officer authorized by law to administer an oath there for the purpose of a legal proceeding; and
(d.) If made out of His Majesty’s dominions, before a British Minister, or person exercising the functions of a British Minister, or a Consul, Vice-Consul, or other person exercising the functions of a British Consul, or before a Notary Public, or before a Judge or Magistrate.
GENERAL.
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Any document for the amending of which no special provision is made by the said Act may be amended, and any irregularity in procedure which in the opinion of the Registrar may be obviated without detriment to the interests of any person may be corrected, if and on such terms as the Registrar may think fit.
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(1.) The times prescribed by these regulations for doing any act, or taking any proceeding thereunder, may be enlarged by the Registrar if he thinks fit, upon such notice to parties and upon such terms as he may direct; and such enlargement may be granted although the time has expired for doing any such act or taking any such proceeding.
(2.) Any fee payable or any document required to be lodged in pursuance of these regulations shall be deemed to be paid or lodged within the prescribed time if it is paid or lodged at a local Patent Office, and the Registrar has within such time received notice by telegraph or otherwise of such payment or lodgment.
- The Office shall be open to the public every week-day except Saturday between the hours of 10 a.m. and 1 p.m., and from 2 p.m. till 4 p.m., and on Saturday between the hours of 10 a.m. and noon, except on the days following:—
The days from Good Friday to Easter Tuesday, both inclusive; the days from Christmas Eve to the 3rd January, both inclusive; the birthday of the reigning Sovereign; the birthday of His Royal Highness the Prince of Wales; and any other day observed by the Government as a public holiday.
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Whenever the last day fixed by the said Act or by these regulations for doing anything falls on a day when the Office or local Patent Office is not open, or on a Saturday (which days shall be excluded days for the purposes of the said Act and these regulations), it shall be lawful to do any such thing on the day next following such excluded day, or days if two or more of them occur consecutively.
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Where, under these regulations, any person is required 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 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 to make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Registrar, upon the production of such other evidence, and subject to such terms as he thinks fit, to dispense with any such act or thing, document, declaration, or evidence.
APPLICATIONS TO AND ORDERS OF COURT.
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Four clear days’ notice of every application to the Court under section 110 of the said Act for rectification of the Register of Patents shall be given to the Registrar.
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Where any order has been made by the Court under the said Act revoking a patent or extending
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Patent Regulations: Exhibitions, Registrar's Discretionary Powers, Statutory Declarations, General Provisions, and Court Applications
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🏭 Trade, Customs & IndustryPatents, Exhibitions, Registrar powers, Statutory declarations, Office hours, Court applications
NZ Gazette 1912, No 50