New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 January 2011
| Public Act | 1953 No 64 |
| Date of assent | 26 November 1953 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered by the Ministry of Commerce
1 Short Title and commencement
4 Assistant Commissioners of Patents and other officers
5A Closing of Patent Office at short notice
6 Officers and employees of Patent Office not to acquire interest in any patent or prepare specifications
Application, investigation, opposition, etc
7 Persons entitled to make application
9 Complete and provisional specifications
11 Priority date of claims of complete specification
13 Search for anticipation by previous publication
14 Search for anticipation by prior claim
15 Commissioner may require information as to corresponding applications overseas
16 Reference in case of potential infringement
17 Refusal of application in certain cases
18 Supplementary provisions as to examination, etc
19 Time for putting application in order for acceptance
20 Acceptance and publication of complete specification
21 Opposition to grant of patent
22 Refusal of patent without opposition
23 Mention of inventor as such in patent
24 Substitution of applicants, etc
25 Provisions for secrecy of certain inventions
26 Inventions relating to atomic energy
26A Treaty application deemed to be application accompanied by complete specification
26B Description, claims, and drawings
26D Commissioner to provide international filing date
26E Amendments to documents forming part of complete specification
26G Requirements for examination of Treaty application
26H Publication of Treaty applications
Grant, effect, and term of patent
27 Grant and sealing of patent
28 Amendment of patent granted to deceased applicant
29 Extent, effect, and form of patent
Restoration of lapsed patents and patent applications
35 Restoration of lapsed patents
36 Restoration of applications where patent not sealed
37 Restoration of application where complete specification not accepted
38 Amendment of specification with leave of Commissioner
39 Amendment of specification with leave of Court
40 Supplementary provisions as to amendment of specification
Revocation and surrender of patents
41 Revocation of patent by Court
42 Revocation of patent by Commissioner
Voluntary endorsement of patent
44 Endorsement of patent “licences of right”
45 Cancellation of endorsement under section 44
48 Exercise of powers on applications under section 46
Use of patented inventions for services of the Crown
55 Use of patented inventions for services of the Crown
56 Rights of third parties in respect of Crown use
57 Reference of disputes as to Crown use
58 Special provisions as to Crown use during emergency
58A Nature and scope of rights under section 55
58C Patentee entitled to remuneration
60 Previous communication, display, or working
61 Use and publication after provisional specification or foreign application
62 Priority date in case of obtaining
Miscellaneous provisions as to rights in inventions
64 Power of Commissioner to give directions to co-owners
65 Disputes as to inventions made by employees
66 Avoidance of certain restrictive conditions
67 Determination of certain contracts
Proceedings for infringement, etc
68 Restrictions on recovery of damages for infringement
68A Burden of proof for infringement of process patent
68B Regulatory review exception
69 Order for account in action for infringement
70 Counterclaim for revocation in action for infringement
71 Relief for infringement of partially valid specification
72 Proceedings for infringement by exclusive licensee
73 Certificate of contested validity of specification
74 Remedy for groundless threats of infringement proceedings
75 Power of Court to make declaration as to non-infringement
76 Attorney-General may appear in patent proceedings
77 Orders in Council as to convention countries
78 Supplementary provisions as to convention applications
79 Special provisions as to vessels, aircraft, and land vehicles
80 Extension of time for certain convention applications
81 Protection of inventions communicated under international agreements
82 Regulations under section 80 or section 81
84 Registration of assignments, etc
85A Application of Personal Property Securities Act 1999
86 Commissioner may dispense with production of probate or letters of administration in certain cases
87 Rectification of register of patents by Court
89 Evidence of entries, documents, etc
90 Requests for information as to patent or patent application
91 Restriction upon publication of specifications, etc
92 Loss or destruction of patent
93 Commissioner may grant extension of time
93A Additional provisions for extending time limits
Proceedings before Commissioner
94 Exercise of discretionary powers of Commissioner
95 Costs and security for costs
96 Evidence before Commissioner
99 Costs of Commissioner in proceedings before Court
100 Registration of patent attorneys
101 Powers of patent attorneys
102 Cancellation of registration of patent attorneys
103 Restrictions on practice as patent attorney
104 Recovery of patent attorney's charges
105 Falsification of register, etc
106 Unauthorised claim of patent rights
107 Protection of Royal Arms, etc
110 Service of notices, etc, by post
111 Declaration by person under disability
116 Annual report of Commissioner
117 Saving for Royal prerogative, etc
118 Application of Act to Tokelau
An Act to consolidate and amend certain enactments relating to patents
