JUNE 27.] THE NEW ZEALAND GAZETTE. 1671

21. A fac-simile or “true copy” of the drawings on tracing-cloth, but otherwise in accordance with the foregoing regulations, should be filed at the same time as the original drawings.

22. Drawings must be signed by the applicant or his agent in the right-hand bottom corner. Neither the title of the invention nor any descriptive matter should appear on the drawings, and they should be delivered at the Office free from folds, breaks, or creases.

23. If an applicant desires to adopt the drawings lodged with his provisional specification as the drawings or part of the drawings for his complete specification, he should refer to them in the complete specification as those left with the provisional specification.

CHEMICAL SAMPLES AND SPECIMENS.—MODELS.

24. Where samples of ingredients are required by the Registrar, they must be contained in glass bottles properly secured; but dangerous or explosive substances must not be sent. Models, which may be lodged from a time to be notified in the Journal, must be neat and workmanlike, and of a size not exceeding 12 inches on the longest side, unless otherwise allowed. Models and bottles furnished in pursuance of this regulation must bear the name of the inventor, the title of the invention, and the date of the application, and be furnished to the Office free of charge and in good order.

SPECIFICATIONS.

25. (1.) Provisional specifications shall be in the Patents form No. 2, and complete specifications shall be in the Patents form No. 3.

(2.) Applications for an extension of time for leaving a complete specification, or for the acceptance of a complete specification, shall be in the Patents form No. 4.

26. On the acceptance of a provisional or complete specification the Registrar shall give notice thereof to the applicant, and shall advertise the acceptance of every complete specification in the Journal.

27. Upon such acceptance in the case of a complete specification, the application and specification or specifications, with the drawings (if any), may be inspected at the Office upon payment of the prescribed fee.

OPPOSITION TO GRANT OF PATENT.

28. A notice of opposition to the grant of a patent shall be given in the Patents form No. 5, and shall state the ground or grounds on which the person giving such notice (herein called “the opponent”) intends to oppose the grant. Such notice shall be accompanied by an unstamped copy thereof, and a statement in duplicate setting out fully the nature of the opponent’s interest, the facts upon which he bases his case, and the relief which he seeks. A copy of the notice and of the statement will be transmitted by the Registrar to the applicant.

29. Where the ground of opposition is that the invention claimed is not new or is for any other reason not a proper subject-matter for a patent, the notice of opposition should indicate as far as practicable the prior publication or user of the invention, or other reason why the invention is not a proper subject-matter for a patent.

30. If the applicant is desirous of contesting the opposition, he shall, within fourteen days of the receipt of such copies, or such further time as the Registrar may allow, leave at the Office a counter-statement fully setting out the grounds upon which the opposition is contested, and on so leaving shall deliver to the opponent a copy thereof.

31. The opponent may, within fourteen days from the delivery of such copy, or within such further time as the Registrar may allow, leave at the Office evidence by way of statutory declarations in support of his case, and on so leaving shall deliver to the applicant a copy thereof.

32. Within fourteen days from the delivery of such copy or, if the opponent does not leave any evidence, within fourteen days from the expiration of the time within which the opponent’s evidence might have been filed, or within such further time as the Registrar may in either case allow, the applicant may leave at the Office statutory declarations in answer, and on so leaving shall deliver to the opponent a copy thereof: and within fourteen days from such delivery, or within such further time as the Registrar may allow, the opponent may leave at the Office statutory declarations in reply, and on so leaving shall deliver to the applicant a copy thereof. Such last-mentioned declarations shall be confined to matters strictly in reply.

33. No further evidence shall be left on either side except by leave, or on the requisition, of the Registrar.

34. Where a document in a foreign language is referred to in any statement or declaration filed in connection with an opposition, an attested translation in duplicate shall be furnished.

35. (1.) On completion of the evidence (if any), or at such other time as he thinks fit, the Registrar shall appoint a time for the hearing of the case, and shall give the parties three weeks’ notice at the least of such appointment. If either party does not desire to be heard, he shall as soon as possible notify the Registrar to that effect. If either party desires to be heard, he must leave at the Office a notice in the Patents form No. 6. The Registrar may refuse to hear either party who has not given the prescribed notice prior to the date of hearing. If either party intends to refer at the hearing to any publication other than a specification mentioned in the notice of opposition, he should, unless the same has been referred to in a statutory declaration already filed, give to the other party and to the Registrar five days’ notice at the least of his intention, together with details of each publication to which he intends to refer. After hearing the party or parties desirous of being heard, or, if neither party desires to be heard, then without a hearing, the Registrar shall decide the case and notify his decision to the parties.

(2.) The hearing shall be in Wellington, except where the parties intimate to the Registrar at least fourteen days before the time appointed for the hearing that it is their desire that it shall be held elsewhere in New Zealand. On receipt of such intimation, and on payment of such sum to cover expenses as he thinks fit, the Registrar may, in his discretion, hear the case at such other place in New Zealand as the parties thereto may mutually desire.

36. In the event of an opposition being uncontested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the opposition was filed.

SEALING OF PATENT AND PAYMENT OF FEE.

37. (1.) If the applicant for a patent desires to have a patent sealed on his application, he shall within the period allowed by section 14 of the said Act give notice of such desire on the Patents form No. 7, and shall pay the prescribed sealing fee.

(2.) Where for any reason a patent cannot be sealed within the period allowed by the said section 14 as aforesaid, the applicant may apply to the Registrar on the Patents form No. 4 for an extension of that period, not exceeding three months.

FORM OF PATENT.

38. A patent, except in the cases provided for in regulations 39 and 40 hereof, may be in the form A in the Third Schedule hereto.

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

40. Where 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.

41. 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 Patents form No. 8. The patentee may pay such prescribed renewal fee in advance. An application for an enlargement of time for payment of any fee under this regulation shall be made on the Patents form No. 4.

42. 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.

SEALING OF LETTERS PATENT AFTER PRESCRIBED TIME OR RESTORATION OF LAPSED PATENTS.

43. Where any patent has not been sealed or has become void owing to the failure of the applicant for the patent or the patentee to pay any prescribed fee within the prescribed time, the applicant or the patentee may apply to the Registrar, on the Patents form No. 9 or the Patents form No. 10, as the case may be, for an order for the sealing or 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 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 following terms:—