Dec. 18.] THE NEW ZEALAND GAZETTE. 2973

REGULATIONS.

ACCEPTANCE OF COMPLETE SPECIFICATIONS AFTER THE PRESCRIBED TIME.

90. WHERE a complete specification has not been accepted within the prescribed time, the applicant may apply to the Registrar on the Patents form No. 26 contained in the Schedule hereto, or on a form to the like effect, for an order authorizing the acceptance within such time as may be specified in that behalf in the order. 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, unless the Registrar otherwise directs, 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:

Notice of Application for Acceptance of Complete Specification after Time.

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 acceptance after expiration of prescribed time, of complete specification in respect of application for 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 complete specification had not been accepted.

Any person desirous of opposing the said application for acceptance may, at any time within two months from the first-mentioned 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.

91. 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.

92. 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.

93. In every order of the Registrar authorizing the acceptance of a complete specification after the prescribed time, and in every patent granted in such cases provisions may be inserted for the protection of persons who may have availed themselves of the subject-matter of the invention after application for the patent has been announced as void. Such provisions may restrain the patentee from commencing or prosecuting any action or other proceeding and from recovering any damage—

(a.) 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 according to 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:

(b.) 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 according to 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.

(c.) Such other provisions as may seem to the Registrar to be desirable.

94. On notifying the applicant or his agent that an order for acceptance of a complete specification 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 acceptance shall be deemed to be annulled.

95. The order may further provide that if any person within one year after the date of the actual acceptance 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 application for patent had not or would not be accepted, 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 application for patent shall become void, but the sum awarded shall not in that case be recoverable as a debt or damages.

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

On application for an order authorizing the £ s. d. acceptance . . . . . . . . . . . . . . . . . 2 0 0

On issue of an order authorizing the acceptance, for each month or part of a month from the lapse of the original application to the date of the application for an order authorizing the acceptance . . . . . . . . . . . . . . . . . . . . . . 0 10 0

SCHEDULE.

[PATENTS FORM NO. 26.

The Patents, Designs, and Trade-marks Amendment Act, 1924.

APPLICATION FOR ACCEPTANCE OF COMPLETE SPECIFICATION AFTER THE PRESCRIBED TIME.

I [or We] hereby apply for an order of the Registrar authorizing the acceptance of the complete specification in respect of application for Letters Patent No. , dated the day of , 19.

The circumstances which led to the non-acceptance of the complete specification are as follows: [Set out circumstances in detail.]

Dated this day of , 19.

[Signature.]

To the Registrar of Patents,
Wellington, New Zealand.

F. D. THOMSON,
Clerk of the Executive Council.

Validating the Proceedings in connection with a Loan of £1,000, authorized to be raised by the Otaua Drainage Board.

ROBERT STOUT,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House at Wellington, this 8th day of December, 1924.

Present:

HIS EXCELLENCY THE ADMINISTRATOR PRESIDING IN COUNCIL.

WHEREAS the Otaua Drainage Board, acting under and in pursuance of paragraph (e) of section sixteen of the Local Bodies' Loans Act, 1913, proposes to raise a loan of one thousand pounds for the purpose of widening, deepening, and straightening the Awaroa Stream and constructing a stop-bank at Rurarura:

And whereas section seventeen of the said Act requires the special roll to be deposited not less than seven days before any steps are taken under the aforesaid section sixteen (e):

And whereas the special roll of the ratepayers was not deposited not less than seven days before the written consent of the ratepayers was obtained:

And whereas it appears that the ratepayers have not been misled by the said irregularity or defect, and it is expedient to validate the same:

Now, therefore, His Excellency the Administrator of the Government of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities conferred on him by section one hundred and eleven of the Local Bodies' Loans Act, 1913, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and declare that the proceedings taken to raise the said loan shall be valid to all intents and purposes as though the provisions of section seventeen had been properly complied with, and that the validity of the proceedings in connection with the said loan shall not be called into question by reason only of the irregularity or defect aforesaid.

F. D. THOMSON,
Clerk of the Executive Council.