New Zealand Legislation: Acts

15 Commissioner may require information as to corresponding applications overseas

• (1) Subject to subsection (2) of this section, for the purposes of the investigation required under this Act an applicant, if so required by the Commissioner shall,—

  • (a) State whether a corresponding or substantially corresponding application has been filed in any of the following countries, namely,—

    • (i) The United Kingdom, Canada, Australia, or the United States of America; or

    • (ii) Any other country for the time being declared by Order in Council to be a country to which this paragraph applies:

  • (b) With respect to any such application in any such country, furnish (so far as it is reasonably available to the applicant) the following information:

    • (i) The number and filing date of the application; and

    • (ii) Particulars sufficient to identify the prior art cited against the application; and

    • (iii) The number allotted to the patent when granted on the application and the form of the claims allowed; and

    • (iv) Particulars of any other application or patent with which the corresponding application is or has been involved in opposition, conflict, interference, or similar proceedings.

  (2) This section shall not apply to Treaty applications.

  Subsection (1) was amended, as from 1 December 1992, by section 5(1) Patents Amendment Act 1992 (1992 No 81) by inserting the words “Subject to subsection (2) of this section,”.

  Subsection (2) was inserted, as from 1 December 1992, by section 5(2) Patents Amendment Act 1992 (1992 No 81).