New Zealand

Patents Regulations 1954, Amendment No. 13

 

 

THE PATENTS REGULATIONS 1964,
AMENDMENT NO. 13

CATHERINE A. TIZARD, Governor-General
ORDER IN COUNCIL
At Wellington this 9th day of December 1991
Present:
HER EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

Pursuant to sections 114 and 115 of the Patents Act 1953, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

REGULATIONS

1. Title and commencement-
(1) These regulations may be cited as the Patents Regulations 1954, Amendment No. 13, and shall be read together with and deemed part of the Patents Regulations 1954* (hereinafter referred to as the principal regulations).
(2) These regulations shall come into force on the 1st day of March 1992.
2. New scale of fees substituted-
The regulations are hereby amended by revoking the First Schedule (as substituted by regulation 2 (1) of the Patents Regulations 1954, Amendment No. 12), and substituting the First Schedule set out in the Schedule to these regulations.
3. Amount of goods and services tax not included-
Except in relation to the item marked * in the First Schedule to the principal regulations (as substituted by regulation 2 of these regulations), the fees prescribed by the principal regulations are exclusive of goods and services tax under the Goods and Services Tax Act 1985.
4. Revocations-
Regulations 2 (1) and 3 to 7 of the Patents Regulations 1954, Amendment No. 12 and so much of the Schedule thereto as relates to the First Schedule to the principal regulations are hereby consequentially revoked.

Reg. 2

SCHEDULE
New First Schedule to Principal Regulations

Reg. 3

"FIRST SCHEDULE
Fees

Item

Matter

Amount $

Corresponding Patents Form No.

1

On application for a patent

80

1

2

On convention application for a patent:

In respect of each application for protection in a convention country

80

2

3

On application for grant of patent of addition instead of an independent patent under section 34 (2) of the Act

110

3

4

On filing specification: Provisional

no fee

4

Complete

260

5

5

On request for post-dating of an application under section 12 (3) of the Act

50

8

6

On request to advance examination of application

110

9

7

On application for result of search made under sections 13 and 14 of the Act

40

11

8

On application under section 16 (2) of the Act for deletion of reference

40

12

9

For postponement of acceptance of complete specification:

Up to 16 months from date of filing of complete specification

60

14

From 16 months to 17 months

60

14

From 17 months to 18 months

60

14

10

On hearing by Commissioner:

By each party

130

17

11

On request or claim under section 23 of the Act

40

18, 19

12

On application for a certificate under section 28 (a) of the Act

40

21

13

On a claim under section 24 (1) of the Act for application to proceed in name of claimants

50

22

14

On application for directions under section 24 (5) of the Act

100

23

15

On a request for sealing of patent

100

24

16

On application under section 28 of the Act for amendment of a patent

60

27

17

On application under section 31, section 32, or section 33 of the Act for extension of term of patent

1100

31

18

On grant of application under section 31, section 32, or section 33 of the Act:

For each year of extension granted up to and including 5 years

460

..

For each year of extension granted over 5 years

900

..

19

On application for restoration of a patent

220

33

20

Additional fee on restoration of patent

220

35

21

On application under section 36 of the Act for sealing a patent

110

36

22

Additional fee for sealing under section 36 of the Act

150

38

23

On application under section 37 of the Act for restoration of an application

140

39

24

On application to amend specification after acceptance

110

41

25

On application to amend specification not yet accepted

60

43

26

On application to amend an application for a patent

40

44

27

On application for revocation of a patent under section 42 of the Act

500

45

28

On application for endorsement of patent 'Licences of Right'

40

48

29

On application for settlement of terms of licence under patent endorsed 'Licences of Right'

110

49

30

On application for cancellation of endorsement 'Licences of Right'

60

50, 51

31

On application under section 46 of the Act for grant of a compulsory licence or endorsement of a patent 'Licences of Right' or grant of licence in respect of 1 or more patents in the name of the same proprietor

330

53

32

On application under section 49 (1) of the Act for endorsement of patent 'Licences of Right' or grant of licence in respect of 1 or more patents in the name of the same proprietor

330

54

33

On application under section 50 of the Act for revocation

220

55

34

On application for licence under section 51 of the Act in respect of each patent

330

57

35

On application under section 64 of the Act for directions of Commissioner

110

58,59

36

On application under section 65 (1) of the Act to determine dispute

110

60

37

For altering name or nationality or address or address for service in register

40

61

On request covering more than 1 patent, the alteration being the same as in the first patent:

For the first patent

40

..

For each additional patent

20

..

38

On application for entry of name of subsequent proprietor in the register

50

62 or 64

On each application covering more than 1 patent, the devolution of title being the same as in the first patent:

For the first patent

50

..

For each additional patent

25

..

39

On application for entry of notice or notification of a mortgage, licence, or other document in the register

50

63, 65, or 66

On each application covering more than 1 patent, the devolution of title being the same as in the first patent:

For the first patent

50

..

For each additional patent

25

..

40

On application for entry in the register of claim to a licence under a patent extended under section 31, section 32, or section 33 of the Act

50

67

41

On application under section 86 of the Act to dispense with production of probate or letters of administration

50

68

42

On request to Commissioner under section 88 (3) of the Act to correct an error

50

69

43

For certificate of Commissioner under section 89 (1) of the Act

60

71

44

On request for information as to a matter affecting a patent or an application therefor:

For each matter

40

72

45

On application under section 92 of the Act for a further patent

50

73

46

On notice of order of Court

40

75

47

On application under regulation 169 of these regulations for waiver of requirements

40

..

48

On entry for examination for registration as a patent attorney:

For each paper

20

..

49

For entry of name, etc., in the register of patent attorneys

65

..

50

On annual renewal of registration as a patent attorney

65

..

51

Additional fee on restoration of registration as a patent attorney under regulation 161 of these regulations

100

..

52

For all extensions of time, except extensions in term of patent and extensions in respect of which no fee is payable under the Act or these regulations:

For each month or part thereof

30

7, 10, 13, 16, 20, 25, 26, 29, 76

53

On all notices of opposition

500

15, 32, 34, 37, 40, 42, 47, 52, 56, 70

For photographic copies of documents:

Per document

4

Plus each page copied

0.28

Each page copied/self service

0.14*

55

For typed or photographic copy of documents

12

..

56

For office copy of patent

42

..

57

For certifying office copies, manuscripts, printed or photographic

35

..

58

On notification of alteration of applicant's name:

40

..

On each notification covering more than 1 application, the change being the same as in the first application:

For the first application

40

..

For each additional application

20

.."

MARIE SHROFF,
Clerk of the Executive Council.

EXPLANATORY NOTE

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 March 1992, prescribe a new scale of fees in respect of various matters under the Patents Regulations 1954. Some fees have been increased and some fees have been reduced.

Regulation 2 substitutes a new scale of fees payable in respect of various matters. A new fee is prescribed for obtaining photographic copies of documents by way of self-service.

Regulation 3 provides that, except in respect of the fee for one matter referred to in the new scale of fees, the fees prescribed by the principal regulations are exclusive of goods and services tax.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 12 December 1991.

These regulations are administered in the Ministry of Commerce.

Wellington, New Zealand: Published under the authority of the
New Zealand Government-1991

* S.R. 1954/211

Amendment No. 1: (Revoked by S.R. 1976/27)

Amendment No. 2: S.R. 1972/259

Amendment No. 8: S.R. 1975/58

Amendment No. 4: (Revoked by S.R. 1977/61)

Amendment No. 5: (Revoked by S.R. 1980/83)

Amendment No. 6: (Revoked by S.R. 1982/84)

Amendment No. 7: (Revoked by S.R. 1984/124)

Amendment No. 8: (Revoked by S.R. 1985/224)

Amendment No. 9: (Revoked by S.R. 1986/206)

Amendment No. 10: (Revoked by S.R. 1987/227)

Amendment No. 11: S.R. 1987/227

Amendment No. 12: S. R. 1955/278

* Inclusive of Goods and Services Tax under the Goods and Services Tax Act 1985.