1954

THE NEW ZEALAND GAZETTE.

[No. 53

appear to him to warrant the granting of the extension he may seal the patent within such extended period.

FORM OF PATENT.

35. A patent, except in the cases provided for in Regulations 36 and 37 hereof, may be in the form A in the Third Schedule hereto.

36. A patent of addition may be in the form B in the Third Schedule hereto.

37. Where after the commencement of the said Act a patent is granted to the legal representatives of a deceased inventor, or in any case in which the applicants have asked to be treated for the purpose of the devolution not only of the legal but also of the beneficial interest in such patent as joint tenants, the form of the patent shall be modified so as to show clearly that the persons to whom the grant is made are to be treated for the purpose of the devolution not only of the legal but also of the beneficial interest in the patent as joint tenants.

RENEWAL FEES.

38. If a patentee intends, at the expiration of the third and sixth years from the date of his patent, to keep the same in force, he shall before the expiration of such year pay the prescribed renewal fee, and apply for a renewal in the form No. 8 in the Second Schedule hereto. The patentee may pay such prescribed renewal fees in advance. An application for an enlargement of time for payment of any fee under this regulation shall be made on the form No. 4 in the Second Schedule hereto.

39. On due compliance with the terms of the last preceding regulation the Registrar shall issue a certificate that the prescribed payment has been duly made.

RESTORATION OF LAPSED PATENTS.

40. Where any patent has become void owing to the failure of the patentee to pay any prescribed fee within the prescribed time the patentee may apply to the Registrar, on the form No. 9 in the Second Schedule hereto, for an order for the restoration of the patent. Every such application shall be accompanied by one or more statutory declarations verifying the statements contained in such application. If the Registrar entertains the application, he shall advertise it in the Journal, and in such other manner as in his opinion is desirable. At any time within two months from the first of such advertisements in the Journal any person may give notice of opposition at the Office on the form No. 5 in the Second Schedule hereto, and a copy of such notice shall be transmitted by the Registrar to the applicant.

41. Where such notice is given the opponent shall, within fourteen days after leaving the notice, leave at the Office one or more statutory declarations verifying any evidence on which he relies in support of the grounds of his opposition, and on so leaving shall deliver to the applicant copies thereof.

42. Upon such declarations being left and delivered, the provisions of Regulations 29, 32, and 33 shall apply to the case, and the further proceedings thereon shall be regulated in accordance with such provisions as if they were herein repeated.

43. In every order of the Registrar restoring a patent provisions shall be inserted for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent has been announced as void. Such provisions shall restrain the patentee from commencing or prosecuting any action or other proceeding and from recovering any damage—

(a.) In respect of any infringement of the patent which shall have taken place after the date on which the patent was announced to be void and before the date of the order:

(b.) In respect of the use or employment at any time thereafter of any mechanism, machine, machinery, process, or operation actually made or carried on within New Zealand, or of the use, purchase, or sale of any article manufactured or made in infringement of the patent after the date of the said announcement and before the date of the order; provided that such use, purchase, sale, or employment is by the person or corporation by or for whom such machine or machinery or article was bona fide manufactured or made, or such mechanism, machine, machinery, process, or operation was bona fide made or carried on, his or their executors, administrators, successors, or vendees, or his or their assigns respectively:

(c.) In respect of the use, employment, or sale at any time thereafter by any person or corporation entitled for the time being under the preceding paragraph to use or employ any machine, machinery, mechanism, process, or operation, or any improved or additional machine, machinery, mechanism, process, or operation, or of the use or sale of any article manufactured or made by any of the means aforesaid in infringement of the patent; provided that the use or employment of any such improved or additional machine, machinery, mechanism, process, or operation shall be limited to the buildings, works, or premises existing at the time being or afterwards erected of the person or corporation by or for whom such machine, machinery, mechanism, process, or operation was made or carried on within the meaning of the preceding paragraph, his or their executors, administrators, successors, or assigns.

AMENDMENT OF SPECIFICATION.

44. A request to the Registrar for leave to amend a specification shall be made in the form No. 10 in the Second Schedule hereto. The request must be accompanied by a duly certified copy of the original specification and drawings, showing in red ink the proposed amendment in such manner as to indicate clearly the alteration desired, and shall be advertised by publication of the request and the nature of the proposed amendment in the Journal, and in such other manner (if any) as the Registrar may in each case direct.

45. A notice of opposition to the amendment shall be in the form No. 5 in the Second Schedule hereto, and shall be accompanied by an unstamped copy, which shall be transmitted by the Registrar to the applicant.

46. Within fourteen days after the expiration of one month from the first advertisement of the application for leave to amend, the opponent may leave at the Office statutory declarations in support of his opposition, and on so leaving shall deliver to the applicant copies thereof.