New Zealand Legislation: Acts

13 Search for anticipation by previous publication

• (1) Subject to the provisions of section 12 of this Act, the examiner to whom an application for a patent is referred under this Act shall make investigation for the purpose of ascertaining whether the invention, so far as claimed in any claim of the complete specification, has been published before the date of filing of the applicant's complete specification in any specification filed in pursuance of an application for a patent made in New Zealand and dated within 50 years next before that date.

  (2) The examiner shall, in addition, make such investigation as the Commissioner may direct for the purpose of ascertaining whether the invention, so far as claimed in any claim of the complete specification, has been published in New Zealand before the date of filing of the applicant's complete specification in any other document (not being a document of any class described in subsection (1) of section 59 of this Act).

  (3) If it appears to the Commissioner that the invention, so far as claimed in any claim of the complete specification, has been published as aforesaid, he may refuse to accept the specification unless the applicant either—

  • (a) Shows to the satisfaction of the Commissioner that the priority date of the claim of his complete specification is not later than the date on which the relevant document was published; or

  • (b) Amends his complete specification to the satisfaction of the Commissioner.

  (4) An appeal to the Court shall lie from any decision of the Commissioner under this section.

  Compare: Patents Act 1949, s 7 (UK); 1921-22 No 18 s 10