Legislative Implementation of Flexibilities - New Zealand
| Title: | Sections 10 (3), 12 (2), 21 (1) (g) and 41 (1) (h) of the Patents Act No 64 of 1953 (as at 01/01/2011) |
| Field of IP: | Patents |
| Type of flexibility: | Disclosure related flexibilities |
| Summary table: |  |
Provisions of Law
10. Contents of specification
(3) Every complete specification
(a) Shall particularly describe the invention and the method by which it is to be performed; and
(b) Shall disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and
(c) Shall end with a claim or claims defining the scope of the invention claimed.
12. Examination of application
(2) If the examiner reports that the application or any specification filed in pursuance thereof does not comply with the requirements of this Act or of any regulations made thereunder, or that there is lawful ground of objection to the grant of a patent in pursuance of the application, the Commissioner sic:
Commissioner may either
(a) Refuse to proceed with the application; or
(b) Require the application or any such specification as aforesaid to be amended before he proceeds with the application.
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.
21 Opposition to grant of patent
(1) At any time within the period prescribed by subsection (2) of this section any person interested may give notice to the Commissioner of opposition to the grant of the patent on any of the following grounds:
(g) That the complete specification does not sufficiently and fairly describe the invention or the method by which it is to be performed:
41 Revocation of patent by Court
(1) Subject to the provisions of this Act, a patent may, on the application of any person interested, be revoked by the Court on any of the following grounds, that is to say,
(h) That the complete specification does not sufficiently and fairly describe the invention and the method by which it is to be performed, or does not disclose the best method of performing it which was known to the applicant for the patent and for which he was entitled to claim protection.