Patent Regulations




1670
THE NEW ZEALAND GAZETTE.
[No. 49

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.

  1. 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.

  1. (1.) 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 resident or having a place of business in New Zealand. In any particular case the Registrar may, if he thinks fit, require the personal signature or presence of an applicant, opponent, or other person.

(2.) The Registrar shall not be bound to recognize as such agent, or to receive further communications in respect of any business under the said Act from, any person whose name, by reason of his having been adjudged guilty of conduct discreditable to a patent agent, has been erased from the register of patents agents kept under the provisions of the said Act and not since restored.

APPLICATIONS FOR THE GRANT OF PATENTS.

  1. An application for a patent, other than a patent of addition or a secret patent, shall be made on one of the Patents forms Nos. 1, 1A, 1B, or 1C, as the case may be. An application for a patent of addition shall be made on one of the Patents forms Nos. 1D, 1E, 1F, or 1G, as the case may be. 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.

  2. 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.

  3. (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 Patents form No. 25.

  1. (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 form parts of an existing machine, apparatus, or process.

(2.) 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.

(3.) 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.

(4.) 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.

(5.) 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.

  1. 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.

  2. The statement of the invention claimed, with which a complete specification must end, shall be clear and succinct as well as separate and distinct from the body of the specification.

CONVENTION APPLICATIONS.

  1. Every Convention application shall contain a declaration that foreign application has been made for protection of the invention to which such Convention application relates, and shall specify the country or countries in which such foreign applications have been made, and the official date or dates of those applications respectively. The application must be made within twelve months from the date of the first foreign application, and must be accompanied by a complete specification, and signed by the person or persons by whom such first foreign application was made or by his legal representative or assignee.

  2. In addition to the specification left with every Convention application, a copy or copies of the specification or specifications and drawings or documents filed or deposited by the applicant in respect of the first foreign application, duly certified by the official chief or head of the Patent Office of the country in which such first foreign application was made, or otherwise verified to the satisfaction of the Registrar, must be left at the Office at the same time as the application, or within such further time thereafter as the Registrar may allow. If any specification or other document relating to the application is in a foreign language, a translation thereof shall be annexed thereto and verified by statutory declaration or otherwise to the satisfaction of the Registrar.

There shall be endorsed on every patent granted in pursuance of a Convention application a statement as to the date of the first foreign application in respect of the invention, and the name of the country in which that application was made.

  1. If the complete specification left with the application is not accepted within twelve months from the date of the first foreign application, it shall nevertheless be open to public inspection at the expiration of that period.

  2. Save as aforesaid and as provided by regulation 59 hereof, all proceedings in connection with a Convention application shall be taken within the times and in the manner prescribed by the said Act or these regulations for ordinary applications.

DRAWINGS.

  1. Drawings, when furnished, should accompany the provisional or complete specification to which they refer, except in the case provided for by regulation 23 hereof. No drawing or sketch such as would require the preparation for the printer of a special illustration for use in the letterpress of the specification when printed should appear in the specification itself.

  2. Drawings may be made by hand, or lithographed, printed, &c. They must be made on pure-white hot-pressed rolled or calendered strong paper of smooth surface, good quality and medium thickness, and measuring 13 inches in length by either 8 inches or 16 inches in width. They must be made without washes or colours, in such a way as to admit of being clearly reproduced on a reduced scale by photography. Mounted drawings must not be used.

  3. Drawings must be prepared in accordance with the following requirements:—

(a.) They must be executed with absolutely black ink. Only indian ink of the best quality should be used.

(b.) Each line must be firmly and evenly drawn, sharply defined, and of the same strength throughout.

(c.) Section-lines, lines for effect, and shading-lines should be as few as possible, and must not be closely drawn.

(d.) Shading-lines must not contrast too much in thickness with the general lines of the drawing.

(e.) Sections and shading should not be represented by solid black or washes.

(f.) They should be on a scale sufficiently large to show the invention clearly, and only so much of the apparatus machine, &c., should appear as effects this purpose. If the scale is given, it should be drawn and not denoted by words.

Reference letters and figures, and index numerals used in conjunction therewith, must be bold and distinct, and not less than ⅛ inch in height. The same letters or numerals should be used in different views of the same parts. Where the reference letters and numerals are shown outside the figure they must be connected with the parts referred to by fine lines.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1922, No 49


NZLII PDF NZ Gazette 1922, No 49





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🏭 Regulations under the Patents, Designs, and Trade-marks Act 1921–22 (continued from previous page)

🏭 Trade, Customs & Industry
26 June 1922
Patents, Regulations, Fees, Forms, Documents