(SR 1992/316)
Catherine A Tizard, Governor-General
At Wellington this 9th day of November 1992
Present: The Right Hon D C McKinnon presiding in Council
Pursuant to section 114(1) and section 115 of the Patents Act 1953, HerExcellencytheGovernor-General,actingbyandwiththeadvice and consent of the Executive Council, hereby makes the following regulations.
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
Ageneraloutlineofthesechangesissetoutinthenotesattheendofthisreprint,togetherwith other explanatory material about this reprint.
Page 1 Title and commencement 2 2 Interpretation 2
Translation of documents forming part of Treaty application
3 English translation of documents as required 3
4 TimelimitspecifiedforArticles22(1)and39(1)ofPatent 4
Cooperation Treaty 5 Time limit specified for section 26G(1)(b) of Act 5 6 Timerestrictiononwhenpatentmaybegrantedorrefused 5
7 Information to accompany Treaty application 5 8 Form and contents of Treaty application 6
9 Fees 6 10 Amount of goods and services tax not included 6 11 Transmittal fee 7 12 Basic fee and designation fee 7 13 Search fee 7 14 Late payment fee 7 15 Refund of fees 8 16 Trust Fund 8
(1) TheseregulationsmaybecitedasthePatents(PatentCooperation Treaty) Regulations 1992.
(2) Theseregulationsshallcomeintoforceon1December1992.
In these regulations, unless the contextotherwise requires,— the Act means the Patents Act 1953
Article means an Article of the Patent Cooperation Treaty certificate of verification means a statement—
Cooperation Treaty, Treaty application, and Treaty regu
lations have the same meanings as in the Act nationalphasemeanstheperiodoftimeinwhichaTreatyapplicationisexamined,considered,andprocessedbytheCommissionerundertheAct,whichtimeshallcommence,either—
as the case may be PatentOfficeJournalmeansthepublicationissuedperiodic ally by the Commissioner under section 112 of the Act
Rule means a Rule of the Treaty regulations.
Translation of documents forming part of Treatyapplication
3
r 4 | Patents (Patent Cooperation Treaty)Regulations 1992 | Reprinted as at1 April 2002 |
such terms as the Commissioner thinks fit, extend the time | ||
specified in subclause (1) for the supply of an English trans | ||
lation and certificate of verification. | ||
(3) | The Commissioner may grant an extension pursuant to sub- | |
clause (2) notwithstanding the fact that the time has expired | ||
forthesupplyoftheEnglishtranslationandcertificateofveri | ||
fication. | ||
(4) | An application for extension of time must be made in writing. | |
(5) | [Revoked] | |
Regulation 3(1): amended, on 1January 2002, byregulation 3(1)ofthePatents (Patent Cooperation Treaty) Amendment Regulations 2001 (SR 2001/357). | ||
Regulation 3(1): amended, on 19 May 1994, by regulation 2(1) of the Patents (PatentCooperationTreaty)Regulations1992,AmendmentNo1(SR1994/59). | ||
Regulation 3(2): added, on 19 May 1994, by regulation 2(2) of the Patents (PatentCooperationTreaty)Regulations1992,AmendmentNo1(SR1994/59). | ||
Regulation 3(3): added, on 19 May 1994, by regulation 2(2) of the Patents (PatentCooperationTreaty)Regulations1992,AmendmentNo1(SR1994/59). | ||
Regulation 3(4): substituted, on 1 January 2002, by regulation 3(2) of the Patents (Patent Cooperation Treaty) Amendment Regulations 2001 (SR 2001/357). | ||
Regulation 3(5): revoked, on 1 January 2002, by regulation 3(2) of the Patents (Patent Cooperation Treaty) Amendment Regulations 2001 (SR 2001/357). | ||
Time limits | ||
4 | Time limit specified for Articles 22(1) and 39(1) of Patent | |
Cooperation Treaty | ||
(1) | Where New Zealand was, within the meaning of Article | |
31(4)(a) of the Patent Cooperation Treaty, indicated as an | ||
elected State for the purposes of an international application | ||
withintheperiodof19monthsfromtheprioritydateaccorded | ||
that application, the applicant shall fulfil the applicant’s obli | ||
gations under Article 39(1) of the Patent Cooperation Treaty | ||
within the period of 31 months from that priority date. | ||
(2) | In any other case, the applicant of an international application | |
shall fulfil the applicant’s obligations under Article 22(1) of | ||
the Patent Cooperation Treaty within the period of 31 months | ||
from the priority date accorded that application. | ||
Regulation 4(2): amended, on 1 April 2002, by regulation 3 of the Patents (Patent Cooperation Treaty) Amendment Regulations 2002 (SR 2002/42). |
5 Time limit specified for section 26G(1)(b) of Act Forthepurposesof section26G(1)(b) oftheActtheprescribed time limit shall be—
Regulation 5(b): amended, on 1 April 2002, by regulation 4 of the Patents (Patent Cooperation Treaty) Amendment Regulations 2002 (SR 2002/42).
6 Time restriction on when patent may be granted or refused
Additional information
7 Information to accompany Treaty application At any time during the national phase and before the expir ation of the time period specified in section 19(1) of the Act for putting the application in order, the applicant of a Treaty applicationshallsupplytheCommissionerwiththefollowing information:
8 Form and contents of Treaty application Notwithstanding the Patents Regulations 1954, the require ments relating to the form and contents of any Treaty appli-cation,shallbethosesetoutinthePatentCooperationTreaty, the Treaty regulations, and these regulations.
Fees
9 Fees Thefees payable to the Commissionerinrespectofanyinter national application are set out in the Schedule.
10 Amount of goods and services tax not included Thefeesprescribedbytheseregulationsareexclusiveofgoods and services tax under the Goods and Services Tax Act 1985.
11 Transmittal fee An applicant shall pay a transmittal fee to the Commissioner, inaccordancewithRule14.1oftheTreatyregulations,within 1 month of the applicant filing the international application.
12 Basic fee and designation fee
(1) shall be published in the Patent Office Journal and shall take effect from the date prescribed under Rule 15.2(d) of the Treaty regulations.
13 Search fee
(1) shall be published in the Patent Office Journal and shall take effect from the date prescribed under Rule 16.1(d) of the Treaty regulations.
r 15 | Patents (Patent Cooperation Treaty)Regulations 1992 Reprinted as at1 April 2002 |
paytotheCommissioneralatepaymentfeeinaccordancewith | |
Rule 16bis.2 of the Patent Cooperation Treaty. | |
(3) | Where a search fee payable by the applicant pursuant to |
Rule 16 of the Treaty regulations and in accordance with the | |
provisions of regulation 13 of these regulations, is not paid | |
within the time period prescribed pursuant to Rule 16.1(f) of | |
the Treaty regulations, the applicant shall pay to the Commis | |
sioner a late payment fee in accordance with Rule 16bis.2 of | |
the Patent Cooperation Treaty. | |
(4) | The amount of the late payment fee payable by the applicant |
pursuant to subclauses (1) to (3) shall be— | |
(a) 50%oftheamountoftheunpaidfeeorfees, asthecase | |
maybe,specifiedintheinvitationmadetotheapplicant | |
under either Rule 16bis.1(a) or 16bis.1(b) of the Treaty | |
regulations; or | |
(b) if the amount calculated under paragraph (a) of sub- | |
clause (4) is less than the transmittal fee, an amount | |
equal to the transmittal fee. | |
(5) | The late payment fee payable under this regulation shall not |
exceed the amount of the basic fee payable under these regu | |
lations. | |
15 | Refund of fees |
Where,inrelationtoafeepaidtotheCommissioner,thePatent | |
Cooperation Treaty requires that the fee be refunded to an ap | |
plicanteitherinwholeorinpart,thatfeeorthatpartofthatfee, | |
as the case may be, shall be refunded by the Commissioner to | |
the applicant accordingly. | |
16 | Trust Fund |
(1) | All fees collectedby the Commissioner onbehalf of the Inter |
nationalBureauoranyInternationalSearchingAuthorityshall | |
be paid into a Trust Fund established for the benefit of those | |
organisations and administered in accordance with Part 7 of | |
the Public Finance Act 1989. | |
(2) | The Commissioner acting as trustee of the Trust Fund estab |
lishedpursuanttosubclause(1)mayexpendthemoniesheldin | |
trustforthepurposesofthePatentCooperationTreatyinclud |
ing the refunds and the remission of fees to the International Bureau and any International Searching Authority.
Schedule: substituted, on 1 July 1999, by regulation 2 of the Patents (Patent
Cooperation Treaty) Amendment Regulations 1999 (SR 1999/156). | |
---|---|
Matter | Fee ($) |
The International Phase | |
Transmittal fee for each international application | 180 |
The National Phase | |
OnentryintothenationalphaseofaTreatyapplication for a patent | 250 |
Marie Shroff, Clerk of the Executive Council.
Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 12 November 1992.
1 General
2 Status of reprints
3 How reprints are prepared
4 Changesmadeundersection17CoftheActsandRegulations Publication Act 1989
5 List of amendments incorporated in this reprint (most recent first)
Notes
This is a reprint of the Patents (Patent Cooperation Treaty) Regulations 1992. The reprint incorporates all the amendments to theregulations asat 1 April2002, as specified in the list of amendments at the end of these notes.
Relevantprovisionsofany amending enactmentsthatcontain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the dateofthereprint,thelawenactedbytheprincipalenactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumesofstatutesorstatutoryregulations in whichthe principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Section17C oftheActsandRegulationsPublicationAct1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes thatwould alter the effect of the legislation are not permitted.
Anewformatoflegislationwasintroducedon1January2000. Changestolegislativedraftingstylehavealsobeenmadesince 1997,andareongoing. Totheextentpermittedbysection17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
Inoutline,theeditorialchangesmadeinreprintsundertheauthorityof section17C oftheActsandRegulationsPublication Act1989aresetoutbelow,andtheyhavebeenapplied,where relevant, in the preparation of this reprint:
• omission of unnecessary referential words (such as “of this section” and “of this Act”)
Patents (Patent Cooperation Treaty) Amendment Regulations 2002 (SR
2002/42) Patents (Patent Cooperation Treaty) Amendment Regulations 2001 (SR 2001/357)
Patents (Patent Cooperation Treaty) Amendment Regulations 1999 (SR
1999/156) Patents (Patent Cooperation Treaty) Regulations 1992, Amendment No 1 (SR 1994/59)
Wellington, New Zealand: Published under the authority of the New Zealand Government—2011