✨ Patent Regulations
JUNE 27.] THE NEW ZEALAND GAZETTE. 1673
individual be made and signed by the person requiring the entry to be made, or by his agent, and in the case of a body corporate by its agent.
- (1.) Every assignment, and every other document containing, giving effect to, or being evidence of the transmission of a patent, or affecting the proprietorship thereof, as claimed by such request, except such documents as are matters of record, shall, unless the Registrar in his discretion otherwise directs, be produced to him together with the request, and he may call for such other proof of title as he may require for his satisfaction.
(2.) As to a document which is a matter of record, an official or certified copy thereof shall in like manner be produced to the Registrar.
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There shall also be left with the request an attested copy of the assignment or other document or copy above required to be produced.
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The notice of interest in the patent of any person other than the proprietor entered in the register in pursuance of the request shall be such as may appear applicable to the circumstances of the particular case.
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Where it is desired to enter in the register a notification of any document purporting to affect the proprietorship of a patent, an attested copy of such document shall be left at the Office with a request in the Patents form No. 19 that a notification thereof may be entered in the register. The accuracy of such copy shall be certified as the Registrar may direct, and the original documents shall at the same time be produced and left at the Office if required for further verification.
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Upon the issue of a certificate of payment under regulation 42 hereof the Registrar shall cause to be entered in the register a record of the date of payment of the fee on such certificate.
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If a patentee fails to make any prescribed payment within the prescribed time or any enlargement thereof duly granted there shall be duly entered in the register a notification of such failure.
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The Register of Patents shall be open to the inspection of the public on every day on which the Office is open to the public during the time it is so open, except at such times when the register is required for any purpose of official use.
CORRECTION OF CLERICAL ERRORS.
- A request for the correction of a clerical error in or in connection with an application for a patent, or in any patent or specification, or in any matter which is entered upon the Register of Patents, shall be made in the Patents form No. 20.
CERTIFICATES.
- (1.) A request for a certificate of the Registrar as to any entry, matter, or thing which he is authorized by the said Act or any of these regulations to make or do shall be made in the Patents form No. 21.
(2.) Certified copies of any entry in the register, or certified copies of, or extracts from, patents, specifications, disclaimers, affidavits, statutory declarations, and other public documents in the Office, or of or from registers and other books kept there, may be furnished by the Registrar on payment of the prescribed fee.
LOST PATENT.
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An application for a duplicate of a patent which has been lost or destroyed shall be made in the Patents form No. 22, and in accordance with the directions thereon.
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Where a patent has been lost before being received by the patentee the Registrar may issue a duplicate of the patent without payment of a fee.
INDUSTRIAL OR INTERNATIONAL EXHIBITIONS.
- Any person desirous of exhibiting an invention at an industrial or international exhibition, declared as such by the Governor-General, or of publishing any description of the invention during the period of the holding of the exhibition, or of using the invention for the purpose of the exhibition, in the place where the exhibition is held, may give to the Registrar notice in the Patents form No. 23 of his intention so to exhibit, publish, or use the invention, as the case may be. For the purpose of identifying the invention in the event of an application for a patent being subsequently made, the inventor shall furnish to the Registrar a brief description of his invention, accompanied, if necessary, by drawings and such other information as the Registrar may in each case require.
PUBLICATION OF INVENTIONS BEFORE LEARNED SOCIETIES.
- Any person desirous of publishing an invention by reading a paper before a learned society, or of permitting publication of the paper in such society’s transactions, may give the Registrar notice on Patents form No. 23 of his intention to publish the invention as provided in regulation 74.
EXERCISE OF DISCRETIONARY POWERS BY THE REGISTRAR.
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Before exercising any discretionary power given to the Registrar by the said Act or these regulations adversely to the applicant for a patent or for amendment of a specification, the Registrar shall give the applicant, within such time as the Registrar may allow, an opportunity of putting his case before him in writing, or, if he so desires, of being heard personally or by his agent.
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Whether the applicant desires to be heard or not, the Registrar may at any time require him to submit a statement in writing within a time to be notified by the Registrar, or to attend before him and make oral explanation with respect to such matters as the Registrar may require.
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The decision or determination of the Registrar in the exercise of any such discretionary power as aforesaid shall be notified by him to the applicant, and to any other person who appears to him to be affected thereby.
STATUTORY DECLARATIONS.
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The statutory declarations required by the said Act and these regulations, or used in any proceedings thereunder, shall be headed in the matter or matters to which they relate, and shall be drawn up in the first person, and shall be divided into paragraphs consecutively numbered, and each paragraph shall, so far as possible, be confined to one subject. Every statutory declaration shall state the description and true place of abode of the person making the same, and shall bear the name and address of the person leaving it, and shall state on whose behalf it is left.
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Such statutory declarations shall be made and subscribed as follows:—
(a.) In New Zealand, in the manner prescribed by the Justices of the Peace Act, 1908;
(b.) In the United Kingdom, before any Justice of the Peace, or any Commissioner or other officer authorized by law in any part of the United Kingdom to administer an oath for the purpose of any legal proceeding;
(c.) In any other part of His Majesty’s dominions, before any Court, Judge, Justice of the Peace, or any officer authorized by law to administer an oath there for the purpose of a legal proceeding; and
(d.) If made out of His Majesty’s dominions, before a British Minister, or person exercising the function of a British Minister, or a Consul, Vice-Consul or other person exercising the functions of a British Consul, or before a Notary Public, or before a Judge or Magistrate.
GENERAL.
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Any document for the amending of which no special provision is made by the said Act may be amended, and any irregularity in procedure which in the opinion of the Registrar may be obviated without detriment to the interests of any person may be corrected, if and on such terms as the Registrar thinks fit.
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(1.) The times prescribed by these regulations for doing any act, or taking any proceeding thereunder, may be enlarged by the Registrar if he thinks fit, upon such notice to parties and upon such terms as he may direct; and such enlargement may be granted although the time has expired for doing any such act or taking any such proceeding.
(2.) Any fee payable or any document required to be lodged in pursuance of these regulations shall be deemed to be paid or lodged within the prescribed time if it is paid or lodged at a Local Patent Office, and the Registrar has within such time received notice by telegraph or otherwise of such payment or lodgment.
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The Office shall be open to the public every week-day except Saturday between the hours of 9 a.m. and noon, and from 2 p.m. till 4 p.m., and on Saturday between the hours of 9 a.m. and 11 a.m., except on the days following:—
The days from Good Friday to Easter Tuesday, both inclusive; the days from Christmas Eve to the 3rd January, both inclusive; the birthday of the reigning Sovereign; the birthday of His Royal Highness the Prince of Wales; and all other days observed by the Government as public holidays. -
Whenever the last day fixed by the said Act or by these regulations for doing anything falls on a day when the Office or Local Patent Office is not open, or on a Saturday (which days shall be excluded days for the purposes of the said Act and these regulations), it shall be lawful to do any such thing on the day next following such excluded day, or days if two or more of them occur consecutively.
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Where, under these regulations, any person is required to do any act or thing, or to sign any document, or to make any declaration on behalf of himself or of any body corporate, or any document or evidence is required to be produced to or left with the Registrar, or at the Office, and it is shown to the satisfaction of the Registrar that from any reasonable cause such person is unable to do such act or thing, or to sign such document, or to make such declaration, or that
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1922, No 49
NZLII —
NZ Gazette 1922, No 49
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Regulations under the Patents, Designs, and Trade-marks Act 1921–22
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