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(6) For the purposes of subsection (5), it is immaterial whether the disclosure takes place in New Zealand. (3) A reference in subsection (1) to giving access to a micro‑organism includes a reference to giving a sample of the micro‑organism. Revocation of patent and grant of patent of addition instead. 201B Incorporated patent attorney must have a patent attorney director, Offence—failing to notify lack of patent attorney director. (3) The Commissioner must otherwise consider and deal with a notice in accordance with the regulations. (d) the fee is paid in New Zealand currency; (e) the liability to pay the fee is discharged; and. (2) The disclosure in the complete specification must be sufficient for that specific, substantial and credible use to be appreciated by a person skilled in the relevant art. The changes must not change the effect of the law. Director means the Director of Safeguards. An amendment of a complete specification that is open to public inspection must be notified in the Official Journal. (3) A patentee may, in accordance with the regulations, amend a statement of amendments. 222A Doing act when Patent Office reopens after end of period otherwise provided for doing act. (1) A person must not falsely represent that he or she, or another person, is the patentee of an invention. 24 Validity not affected by making information available in certain circumstances. (1A) If a complete application is made under section 29 by one or more of the declared persons, the Commissioner may grant a patent for the invention, so far as so claimed, to those declared persons jointly. 22 Invalidity in relation to one claim not to affect validity in relation to other claims. (b) does not notify the Designated Manager of that within 7 days. (5) The Commissioner must not make a declaration or rectify the Register under this section while relevant proceedings in relation to the patent are pending. (1) A person (the PPI order applicant) may apply to the Federal Court for an order (the PPI order) under section 136E requiring the patentee of a patented pharmaceutical invention to grant the PPI order applicant a licence (a PPI compulsory licence) to exploit the invention to the extent necessary for the purposes of manufacturing a pharmaceutical product in Australia for export to an eligible importing country. (1) A patentee may, subject only to any rights appearing in the Register to be vested in another person, deal with the patent as the absolute owner of it and give good discharges for any consideration for any such dealing. (c) for the purposes of subsection 7(5)—information that is part of the prior art base in relation to deciding whether an invention does or does not involve an innovative step. 227AB Application of administrative law regime to decisions made in New Zealand. (a) a patent for an invention (in this Chapter called the main invention) has been applied for or granted; and, (b) the applicant or patentee (or a person authorised by the applicant or patentee) applies for a further patent for an improvement in, or modification of, the main invention; and. means the Agreement on Trade‑Related Aspects of Intellectual Property Rights set out in Annex 1C to the Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994, as Annex 1C is in force for Australia from time to time. (4) Subsection (3) does not apply in relation to an equity that is a PPSA security interest. (ii) the patentee or exclusive licensee has taken reasonable steps to find out the process actually used by the defendant but has not been able to do so; then, in the absence of proof to the contrary the onus for which is on the defendant, the defendant’s product is to be taken to have been obtained by the patented process. (6) An office copy of a declaration by a prescribed court must be served on the Commissioner by the Registrar or other appropriate officer of the court. (d) an error or defect in an entry in the Register; may apply to a prescribed court for an order to rectify the Register. The term of an innovation patent is 8 years from the date of the patent. (3) This section does not apply to the inventor or to an acquisition by bequest or devolution by law. (b) a pharmaceutical substance when produced by a process that involves the use of recombinant DNA technology, that is in substance disclosed in the complete specification of the patent and in substance falls within the scope of the claim or claims of that specification. The Commissioner or a court may, in interpreting a complete specification as amended, refer to the specification without amendment. (a) a relevant act that is required to be done within a certain time is not done within that time; and. (1) The Commissioner, a Deputy Commissioner or an employee must not buy, sell, acquire or traffic in: (a) an invention or patent, whether granted in Australia or anywhere else; or. (b) with the authority of the Prime Minister of New Zealand; is responsible for the administration of a law of New Zealand relating to the regulation of patent attorneys. (1A) For the purposes of subsection (1), it is immaterial whether a relevant act took place, or is to take place, in New Zealand. A reference in this Chapter to the Commonwealth includes a reference to an authority of the Commonwealth and a reference to a State includes a reference to an authority of a State. (8) To avoid doubt, a PPI compulsory licence may be revoked whether or not an amount has been agreed or determined under this section. (2F) A member of the Board mentioned in paragraph (2A)(a), (d) or (e) holds office for the period specified in the instrument of appointment. (7) Despite the repeal of the 1952 Act by this Act, regulations made under paragraph (2)(za) may provide for the continued operation of specified provisions of the 1952 Act in relation to prescribed persons or matters, or in prescribed circumstances. State, in Chapter 17, includes the Australian Capital Territory, the Northern Territory and Norfolk Island. (3) In deciding whether it is appropriate to take the action, the Commissioner must consider the following: (a) whether the person has a reasonable excuse for refusing or failing to comply with the summons or requirement; (b) whether the person has been offered payment of reasonable expenses associated with complying with the summons or requirement; (c) any other matter the Commissioner considers to be relevant. (b) the first application is not a divisional application for an innovation patent provided for in section 79C; the applicant may make a further complete application for a patent for an invention disclosed in the specification filed in relation to the first application. (b) in relation to deciding whether an invention is or is not novel: (i) information of a kind mentioned in paragraph (a); and. (a) must be made in accordance with the regulations made for the purposes of this subsection; and. (a) a person other than a company is convicted of an offence under this Act; and. , in Chapter 15, has the same meaning as in the Safeguards Act. (4) A patent request relating to a Convention application must: (a) include the prescribed particulars relating to the relevant basic application; and. Two recent decisions of the Federal Court of Australia have confirmed that patent entitlement remains an important issue under Australian patent law. On re‑examining a complete specification, the Commissioner must ascertain and report on: (a) whether the specification does not comply with subsection 40(2) or (3); and, (b) whether, to the best of his or her knowledge, the invention, so far as claimed, does not satisfy the criteria mentioned in paragraph 18(1)(a), (b) or (c); and. interested party, in relation to a patent application, means the applicant or a joint applicant, or a person who claims to be entitled to the grant of a patent on the application, either alone or jointly with another person. (2) For the purposes of this section, the Patent Office, or a sub‑office of the Patent Office, is taken not to be open for business on a day: (a) declared by regulations to be a day on which the office or sub‑office is not open for business; or. (1) The Commissioner may refuse to accept a request and specification relating to a standard patent, or to grant a standard patent: (a) for an invention the use of which would be contrary to law; or. Note 1: This section applies in relation to a patent granted as a result of an application filed on or after the commencement of Schedule 6 to the Intellectual Property Laws Amendment Act 2006 (which repealed and substituted this section). (a) a person is the deputy of the New Zealand Commissioner of Patents for the purpose of attendance at a particular meeting of the Board; and. 62 Grant and publication of innovation patent, (a) the Commissioner accepts a patent request and complete specification filed in respect of an application for an innovation patent; and. under 1952 Act, 238 The Commissioner and Deputy Commissioner, 239 The Register of Patents and Register of Patent Attorneys. (1) Where the Director issues a certificate under section 147 in relation to an application, the Director may give written notice to the Commissioner of any prohibitions or restrictions on the publication or communication of the information in the specification, or in a relevant abstract, that the Director considers appropriate. (1) The regulations may prescribe documents that relate to a basic application. (i) setting out the checking process for PCT applications including, in particular, the following matters: (i) specifying the requirements that must be met in respect of a PCT application, once the requirements of subsection 29A(5) have been met; (ii) empowering the Commissioner to direct an applicant to do such things as are necessary to ensure that the PCT application is in accordance with those requirements; (iii) providing for the lapsing of the PCT application if such a direction is not complied with within a time specified in the regulations; (j) empowering the Commissioner to direct an applicant for a standard patent to do such things as are necessary to ensure that the complete specification is in accordance with the requirements of the regulations relating to the preparation of documents for filing and: (i) providing for the lapsing of the application if such a direction is not complied with within a time specified in the regulations; and, (ii) providing for the restoration of an application that has so lapsed; and, (k) empowering the Commissioner to hear and determine the question whether a person is an interested person for the purpose of doing any act permitted to be done under this Act by an interested person; and, (m) providing for appeals against decisions of the Commissioner made under the regulations; and, (n) making provision for and in relation to the practice and procedure of prescribed courts in proceedings under this Act, including provision prescribing the time within which any proceeding may be started or anything else may be done, and providing for the extension of any such time; and, (p) requiring persons to make statutory declarations in relation to patent applications or patents or in proceedings under this Act (not being court proceedings); and, (q) making provision for and in relation to the making of a declaration, or the doing of an act, under this Act on behalf of a person who, because of infancy or physical or mental disability, is unable to make the declaration or do the act; and. For more information about any editorial changes made in this compilation, see the endnotes. 189 Power of patentee to deal with patent, 191A Commissioner’s power to rectify register, 194 Information obtainable from Commissioner, 197 Evidence—certificate and copies of documents, 197AA Evidence of matters arising under PCT, 201 Acting or holding out without being registered, 201A When a person carries on business, practises or acts as a patent attorney, 201B Incorporated patent attorney must have a patent attorney director, 202 Documents prepared by legal practitioners, 202A Documents prepared by a member of a partnership, 202B Documents prepared by incorporated patent attorneys and incorporated legal practices, 203 Attendance at patent attorney’s office, 209 Delegation of Commissioner’s powers and functions, 210A Sanctions for non-compliance with Commissioner’s requirements, 211 Recovery of costs awarded by Commissioner, 212 Copies of examination reports to be communicated, 215 Death of applicant or nominated person, 216 Exercise of discretionary power by Commissioner, 220 Costs of attendance of patent attorney, 222A Doing act when Patent Office reopens after end of period otherwise provided for doing act, 225 Conduct of employees and agents of natural persons, 226 Documents open to public inspection do not infringe copyright, 227AA Receipt of fees payable under New Zealand law, 227AB Application of administrative law regime to decisions made in New Zealand, 231 Application of Part III of 1989 Amending Act, 235 Other applications and proceedings under 1952 Act, 237 Orders, directions etc. The Commissioner may give any person information about: (b) an application for a patent that is open to public inspection; or. Note: For reappointment, see the Acts Interpretation Act 1901. (c) the micro‑organism has ceased to be so available; a prescribed court or the Commissioner, on application made in accordance with the regulations, or the Commissioner, on his or her own motion, may declare that the specification does not comply with section 40 unless the deposit requirements are satisfied in relation to the micro‑organism. Certain amendments of complete specification are not allowable after relevant time. Part 1—Infringement and infringement proceedings. (6) For the purposes of subsection (4), each kind of information set out in subsection (5) must be considered separately. In this Act, unless the contrary intention appears: application, in Chapter 15, means a patent application, and includes a relevant international application. Note 1: A patented pharmaceutical invention may be a patented product or a patented process: see the definition of patented pharmaceutical invention in Schedule 1. (b) a prohibition order is not in force under subsection 152(3) or 173(1) in relation to the application; the Commissioner must grant the innovation patent by registering prescribed particulars of the patent in the Register. Are accessible on the grounds set out in subsections ( 4 ) the Commissioner may prepare, publish and such! Grant the application disease or ailment to fill in prescribed relevant Act may be made in this section not... Commissioner must not be made only with the regulations, amend a statement of amendments deposit )! For manufacture and export to eligible importing country means a product 8 ) or innovation... Request not allowable under section 105 the other registered patent attorney is an amendment the. ) diagnostic kits needed for using such a substance by mere admixture void... Of forfeited articles.................................................. 171........................ Acquisition of inventions they cover and the person... 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