1672
THE NEW ZEALAND GAZETTE.
[No. 49

Notice of Application for Sealing Letters Patent
[or Restoration of Letters Patent].

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 [or for the restoration of letters patent No. __, granted to __, of __, for (State subject-matter of patent)].

Any person desirous of opposing the said application may, at any time within two months from the said date, give notice of opposition to the Registrar of Patents at Wellington. Such notice must be in duplicate, in the form prescribed by the Patents Regulations, and be accompanied by a fee of 10s.

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 Patents form No. 5, and a copy of such notice shall be transmitted by the Registrar to the applicant.

44. 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.

45. Upon such declarations being left and delivered, the provisions of regulations 32, 33, and 35 shall apply to the case, and the further proceedings thereon shall be regulated in accordance with such provisions as if they were herein repeated.

46. In every patent granted in pursuance hereof, and 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 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.

47. On notifying the applicant or his agent that a patent will be sealed on payment of the prescribed fee, or that an order for the restoration of a patent will be issued 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 or restoration shall be deemed to be annulled.

48. The order shall further provide that if any person within one year after the date of the actual sealing thereof makes an application 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 or would not be sealed, or that such patent had become and continued to be void, 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 by whom and the day on which such compensation shall be paid; and if default shall be made in payment of the sum awarded, then the said patent shall become void, but the sum awarded shall not in that case be recoverable as a debt or damages.

AMENDMENT OF SPECIFICATION.

49. A request to the Registrar for leave to amend a specification shall be made in the Patents form No. 11. 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.

50. A notice of opposition to the amendment shall be on Patents form No. 12. Such notice shall be accompanied by a copy 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.

51. Upon such notice of opposition being given and copy thereof transmitted to the applicant, the provisions of regulations 30 to 36 shall apply to the case, and the further proceedings thereon shall be regulated in accordance with such provisions as if they were herein repeated.

52. Where leave to amend is given, the applicant shall, if the Registrar so requires, and within a time to be limited by him, leave at the Office a new specification and drawings as amended, to be prepared in accordance with regulations 4 and 18 to 22 hereof.

53. Every amendment of a specification shall be advertised forthwith by the Registrar in the Journal, and in such other manner (if any) as the Registrar may direct.

PROCEDURE FOR REVOCATION OF PATENT.

54. An application for the revocation of a patent under section 28 of the said Act shall be made on Patents form No. 13. Such application shall be accompanied by a copy and a statement in duplicate setting out fully the nature of the applicant’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 patentee.

55. Upon such application being made and copy thereof transmitted to the patentee the provisions of regulations 30 to 36 shall apply, mutatis mutandis, to the further proceedings thereon.

56. A notice of an offer by a patentee to surrender his patent under section 28 of the said Act shall be given on Patents form No. 14, and shall be advertised by the Registrar in the Journal and in such other manner (if any) as he deems desirable.

PATENTS FOR FOOD OR MEDICINE.

57. An application to the Registrar under section 44 (2) of the said Act for a license to use an invention for the purposes of the preparation or production of food or medicine shall be made on Patents form No. 15.

REGISTER OF PATENTS.

58. Upon the sealing of a patent the Registrar shall cause to be entered in the Register of Patents the name and address of the patentee as the grantee thereof, the title of the invention, the date of the patent, and the date of the grant thereof, together with the address for service, and such other particulars as the Registrar may deem necessary.

59. The patent granted on any Convention application shall be entered in the register as dated of the date on which the first foreign application was made, and the payment of renewal fees and the expiration of the patent shall be reckoned as from the date of the first foreign application. The date of the application in New Zealand shall also be entered in the register.

60. If a patentee sends to the Registrar on the Patents form No. 16 notice of an alteration in his name or address for service, the Registrar shall cause the register to be altered accordingly, and may require the altered address for service to be in New Zealand.

61. Where a person becomes entitled by assignment, transmission, or other operation of law to a patent, or to any interest therein, as mortgagee, licensee, or otherwise, a request for the entry in the register of his name as proprietor of the patent, or of a notice of such interest, as the case may be, shall be addressed to the Registrar, and left at the Office.

62. Such request shall be in the Patents form No. 17 or No. 18, as the case may require, and shall in the case of an