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.
|
Matter |
Amount $ |
Corresponding Patents Form No. | |
|
1 |
On application for a patent |
80 | |
|
On convention application for a patent: | |||
|
In respect of each application for protection in a convention country |
80 |
2 | |
|
On application for grant of patent of addition instead of an independent patent under section 34 (2) of the Act |
110 |
3 | |
|
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 |
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 |
12 | |
|
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 |
14 | ||
|
From 17 months to 18 months |
60 |
14 | |
|
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 |
22 | |
|
On application for directions under section 24 (5) of the Act |
23 | ||
|
On a request for sealing of patent |
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 |
|
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 | ||
|
900 |
.. | ||
|
19 |
On application for restoration of a patent |
33 | |
|
20 |
Additional fee on restoration of patent |
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 |
38 | |
|
On application under section 37 of the Act for restoration of an application |
39 | ||
|
On application to amend specification after acceptance |
41 | ||
|
On application to amend specification not yet accepted |
43 | ||
|
On application to amend an application for a patent |
44 | ||
|
On application for revocation of a patent under section 42 of the Act |
45 | ||
|
On application for endorsement of patent 'Licences of Right' |
48 | ||
|
On application for settlement of terms of licence under patent endorsed 'Licences of Right' |
49 | ||
|
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 |
|
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 |
55 | |
|
On application for licence under section 51 of the Act in respect of each patent |
57 | ||
|
On application under section 64 of the Act for directions of Commissioner |
58,59 | ||
|
On application under section 65 (1) of the Act to determine dispute |
60 | ||
|
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 |
|
On request for information as to a matter affecting a patent or an application therefor: | |||
|
For each matter |
72 | ||
|
45 |
On application under section 92 of the Act for a further patent |
50 | |
|
On notice of order of Court |
40 | ||
|
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 |
.. | |
|
50 |
On annual renewal of registration as a patent attorney |
65 |
.. |
|
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 |
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 |
.. | |
|
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.