1438

Additional Regulations under the Patents, Designs, and Trade-marks Act, 1911, relating to Patents.

LIVERPOOL, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this third day of April, 1914.
Present:
THE RIGHT HONOURABLE W. F. MASSEY PRESIDING IN COUNCIL.
IN pursuance and exercise of the powers and authority conferred on him by the Patents, Designs, and Trade-marks Act, 1911, and of all other powers enabling him in this behalf, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following regulations relating to the registration of patents pursuant to section two of the Patents, Designs, and Trade-marks Amendment Act, 1913, and doth hereby declare that the said regulations shall come into force on the date of the publication thereof in the Gazette.

REGULATIONS.

SEALING OF LETTERS PATENT AFTER PRESCRIBED TIME.

1. EVERY application for the sealing of a patent pursuant to section 2 of the Patents, Designs, and Trade-marks Amendment Act, 1913, shall be in the Form No. 1 in the Schedule hereto, and shall be accompanied by one or more statutory declarations, to the satisfaction of the Registrar, verifying the statements contained in the application.

2. If the Registrar entertains the application he shall advertise it in the Journal, and the applicant shall forthwith, after the publication of the first advertisement in the Journal, publish in not less than four daily newspapers circulating respectively in the Cities of Auckland, Wellington, Christchurch, and Dunedin an advertisement in the form No. 2 in the Schedule hereto.

3. At any time within two months from the first of such advertisements in the Journal any person may give to the Registrar notice of opposition, on the form No. 5 in the Second Schedule to the regulations made under the Patents, Designs, and Trade-marks Act, 1911, and published in the Gazette of the 8th June, 1912, at page 1855. A copy of such notice shall forthwith be transmitted by the Registrar to the applicant.

4. Where such notice is given the opponent shall, within fourteen days after leaving the notice, leave at the office of the Registrar one or more statutory declarations in support of his opposition, and shall also deliver to the applicant copies of the said declarations.

5. Upon such declarations being left and delivered as aforesaid the provisions of Regulations 29, 32, and 33 of the regulations hereinbefore referred to shall apply to the case, and the further proceedings in respect of the opposition to the sealing of the patent shall be regulated in accordance with such provisions as if they were herein repeated.

6. In every patent granted in pursuance hereof provisions shall be inserted for the purpose of restraining 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:
   (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 announcement that the patent had not been sealed and before the sealing thereof: 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,

THE NEW ZEALAND GAZETTE. [No. 38
tion, 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, or assigns.

7. Every patent granted in pursuance hereof shall further provide that, if any person within one year after the date of the actual sealing thereof applies to the Registrar for compensation in respect of money, time, or labour expended by the applicant upon the subject-matter of the patent in the bona fide belief that the patent had not and would not be sealed, it shall be lawful for the Registrar, after hearing the parties concerned or their agents, to assess the amount of such compensation if in his opinion the application ought to be granted, and to specify the party or parties by whom and the day on which such compensation shall be paid. If default is made in payment of the sum so awarded, then the said patent shall become void, but the sum awarded shall not in that case be recoverable as a debt or damages.

8. On notifying the applicant or his agent that a patent will be sealed on the payment of the prescribed fee, the Registrar may fix a date on or before which the fee shall be paid, and if the fee is not paid on or before that date, or within such extended time as the Registrar in his discretion may allow, the proceedings in respect of such sealing shall be deemed to be annulled.

9. The following fees shall be payable in respect of applications under these regulations:

On application for sealing of a patent, £3.
On sealing of patent, for each month or part of month since the lapse of the original application, and before the sealing of the patent, 10s.

SCHEDULE.
[Form No. 1.
The Patents, Designs, and Trade-marks Amendment Act, 1913.
APPLICATION TO HAVE PATENT SEALED WHERE ORIGINAL APPLICATION HAS LAPSED BECAUSE OF FAILURE TO PAY PRESCRIBED FEE.
Stamp, £3.
(Leave uncanceled.)
I [or We], [Here insert name of applicant or applicants], desire to have a patent sealed on my [or our] application No. , dated the day of , 19 , and I [or we] hereby transmit the prescribed fee on sealing.
The circumstances which led to the omission to pay the fee and apply for the sealing of the patent to enable it to be effected within the time allowed are as follows [Set out circumstances in detail].
It is requested that the address for service of the patentee shall be
Dated this day of , 19 .
[Signature.]
[Form No. 2.
The Patents, Designs, and Trade-marks Amendment Act, 1913.
NOTICE OF APPLICATION FOR SEALING OF LETTERS PATENT WHERE ORIGINAL APPLICATION HAS LAPSED BECAUSE OF FAILURE TO PAY PRESCRIBED FEE.
NOTICE is hereby given that an application has been made and duly advertised in the Patent Office Journal of the day of , 19 , for the sealing of Letters Patent No. of for , in respect of which a notification was inserted in the Patent Office Journal of the day of , 19 , that the patent had not been sealed.
Any person desirous of opposing the said application may, at any time within two months from [Here insert date of first advertisement in the Patent Office Journal of application for sealing], give notice of opposition to the Registrar of Patents at Wellington. Such notice must be accompanied by a fee of 10s.
[Signature of applicant(s) or authorized agent(s), followed in latter case by words "agent(s) for applicant(s)."']
J. F. ANDREWS,
Clerk of the Executive Council.