- Reprint as at 1 January 2011
- Patents Act 1953
- Contents
- Application, investigation, opposition, etc
- Treaty application
- Grant, effect, and term of patent
- Restoration of lapsed patents and patent applications
- Amendment of specifications
- Revocation and surrender of patents
- Voluntary endorsement of patent
- Compulsory licences, etc
- Use of patented inventions for services of the Crown
- Anticipation, etc
- Miscellaneous provisions as to rights in inventions
- Proceedings for infringement, etc
- International agreements, etc
- Register of patents, etc.
- Proceedings before Commissioner
- Appeals
- Patent attorneys
- Offences
- Miscellaneous
- Schedule 1 Enactments repealed
- Schedule 2 Regulations revoked
- Schedule 3 Transitional provisions
- 1 Short Title and commencement
- 2 Interpretation
- 3 Commissioner of Patents
- 4 Assistant Commissioners of Patents and other officers
- 5 Patent Office
- 5A Closing of Patent Office at short notice
- 6 Officers and employees of Patent Office not to acquire interest in any patent or prepare specifications
- Application, investigation, opposition, etc
- 7 Persons entitled to make application
- 8 Application
- 9 Complete and provisional specifications
- 10 Contents of specification
- 11 Priority date of claims of complete specification
- 12 Examination of application
- 13 Search for anticipation by previous publication
- 14 Search for anticipation by prior claim
- 15 Commissioner may require information as to corresponding applications overseas
- 16 Reference in case of potential infringement
- 17 Refusal of application in certain cases
- 17 Refusal of application in certain cases
- 18 Supplementary provisions as to examination, etc
- 19 Time for putting application in order for acceptance
- 20 Acceptance and publication of complete specification
- 21 Opposition to grant of patent
- 22 Refusal of patent without opposition
- 23 Mention of inventor as such in patent
- 24 Substitution of applicants, etc
- 25 Provisions for secrecy of certain inventions
- 26 Inventions relating to atomic energy
- Treaty application
- 26A Treaty application deemed to be application accompanied by complete specification
- 26B Description, claims, and drawings
- 26C International filing date
- 26D Commissioner to provide international filing date
- 26E Amendments to documents forming part of complete specification
- 26F Treaty application void
- 26G Requirements for examination of Treaty application
- 26H Publication of Treaty applications
- Grant, effect, and term of patent
- Restoration of lapsed patents and patent applications
- Amendment of specifications
- Revocation and surrender of patents
- Voluntary endorsement of patent
- Compulsory licences, etc
- Use of patented inventions for services of the Crown
- 55 Use of patented inventions for services of the Crown
- 56 Rights of third parties in respect of Crown use
- 57 Reference of disputes as to Crown use
- 58 Special provisions as to Crown use during emergency
- 58A Nature and scope of rights under section 55
- 58B Duty to inform owner
- 58C Patentee entitled to remuneration
- Anticipation, etc
- Miscellaneous provisions as to rights ininventions
- Proceedings for infringement, etc
- 68 Restrictions on recovery of damages for infringement
- 68A Burden of proof for infringement of process patent
- 68B Regulatory review exception
- 69 Order for account in action for infringement
- 70 Counterclaim for revocation in action for infringement
- 71 Relief for infringement of partially valid specification
- 72 Proceedings for infringement by exclusive licensee
- 73 Certificate of contested validity of specification
- 74 Remedy for groundless threats of infringement proceedings
- 75 Power of Court to make declaration as to non-infringement
- 76 Attorney-General may appear in patent proceedings
- International agreements, etc
- 77 Orders in Council as to convention countries
- 78 Supplementary provisions as to convention applications
- 79 Special provisions as to vessels, aircraft, and land vehicles
- 80 Extension of time for certain convention applications
- 81 Protection of inventions communicated under international agreements
- 82 Regulations under section 80 or section 81
- Register of patents, etc.
- 83 Register of patents
- 84 Registration of assignments, etc
- 85 Limitation of proceedings
- 85A Application of Personal Property Securities Act 1999
- 86 Commissioner may dispense with production of probate or letters of administration in certain cases
- 87 Rectification of register of patents by Court
- 88 Correction of errors
- 89 Evidence of entries, documents, etc
- 90 Requests for information as to patent or patent application
- 91 Restriction upon publication of specifications, etc
- 92 Loss or destruction of patent
- 93 Commissioner may grant extension of time
- 93A Additional provisions for extending time limits
- Proceedings before Commissioner
- Appeals
- Patent attorneys
- Offences
- Miscellaneous
- Schedule 1
- Schedule 2
- Schedule 3
- Contents
- Notes
Reprint as at 1 January 2011
Patents Act 1953
Public Act 1953 No 64 Date of assent 26 November 1953
Contents
Page Title 5 1 Short Title and commencement 5 2 Interpretation 6 3 Commissioner of Patents 10 4 Assistant Commissioners of Patents and other officers 10 5 Patent Office 11 5A Closing of Patent Office at short notice 11 6 Officers and employees of Patent Office not to acquire 12 interest in any patent or prepare specifications
Application, investigation, opposition, etc 7 Persons entitled to make application 13 8 Application 14 9 Complete and provisional specifications 15 10 Contents of specification 16 11 Priority date of claims of complete specification 17
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
Ageneraloutlineofthesechangesissetoutinthenotesattheendofthiseprint,togetherwith other explanatory material about this eprint.
12 Examination of application 18 13 Search for anticipation by previous publication 20 14 Search for anticipation by prior claim 21 15 Commissioner may require information as to 22
corresponding applications overseas 16 Reference in case of potential infringement 23 17 Refusal of application in certain cases 24 18 Supplementary provisions as to examination, etc 24 19 Time for putting application in order for acceptance 24 20 Acceptance and publication of complete specification 26 21 Opposition to grant of patent 27 22 Refusal of patent without opposition 29 23 Mention of inventor as such in patent 29 24 Substitution of applicants, etc 31 25 Provisions for secrecy of certain inventions 32 26 Inventions relating to atomic energy 35
Treaty application 26A Treaty application deemed to be application accompanied 37
by complete specification 26B Description, claims, and drawings 37 26C International filing date 38 26D Commissioner to provide international filing date 38 26E Amendments to documents forming part of complete 39
specification 26F Treaty application void 40 26G Requirements for examination of Treaty application 40 26H Publication of Treaty applications 41
Grant, effect, and term of patent 27 Grant and sealing of patent 41 28 Amendment of patent granted to deceased applicant 43 29 Extent, effect, and form of patent 43 30 Date and term of patent 44 34 Patents of addition 45
Restoration of lapsed patentsand patent applications 35 Restoration of lapsed patents 47 36 Restoration of applications where patent not sealed 49 37 Restoration of application where complete specification 50
Amendment of specifications 38 Amendment of specification with leave of Commissioner 51 39 Amendment of specification with leave of Court 52
2
40 Supplementary provisions as to amendment of 52 specification
Revocation and surrender of patents 41 Revocation of patent by Court 53 42 Revocation of patent by Commissioner 55 43 Surrender of patent 56
Voluntary endorsement of patent 44 Endorsementofpatent “licencesofright ” 56 45 Cancellation of endorsement under section 44 58
Compulsory licences, etc 46 Compulsory licence 60 48 Exercise of powers on applications under section 46 61 54 Supplementary provisions 62
Use of patented inventions for services of the Crown 55 Use of patented inventions for services of the Crown 63 56 Rights of third parties in respect of Crown use 64 57 Reference of disputes as to Crown use 65 58 Special provisions as to Crown use during emergency 66 58A Nature and scope of rights under section 55 66 58B Duty to inform owner 67 58C Patentee entitled to remuneration 67
Anticipation, etc 59 Previous publication 68 60 Previous communication, display, or working 69 61 Use and publication after provisional specification or 71
foreign application 62 Priority date in case of obtaining 71
Miscellaneous provisions as to rights in inventions 63 Co-ownership of patents 72 64 Power of Commissioner to give directions to co-owners 73 65 Disputes as to inventions made by employees 74 66 Avoidance of certain restrictive conditions 75 67 Determination of certain contracts 76
Proceedings for infringement, etc 68 Restrictions on recovery of damages for infringement 77 68A Burden of proof for infringement of process patent 78 68B Regulatory review exception 78 69 Order for account in action for infringement 78 70 Counterclaim for revocation in action for infringement 78
3
71 Relief for infringement of partially valid specification 79 72 Proceedings for infringement by exclusive licensee 79 73 Certificate of contested validity of specification 80 74 Remedy for groundless threats of infringement 80
proceedings 75 PowerofCourttomakedeclarationastonon-infringement 81 76 Attorney-General may appear in patent proceedings 82
International agreements, etc 77 Orders in Council as to convention countries 83 78 Supplementary provisions as to convention applications 83 79 Specialprovisionsastovessels,aircraft,andlandvehicles 84 80 Extension of time for certain convention applications 84 81 Protectionofinventionscommunicatedunderinternational 85
agreements 82 Regulations under section 80 or section 81 87
Register of patents, etc. 83 Register of patents 87 84 Registration of assignments, etc 88 85 Limitation of proceedings 89 85A Application of Personal Property Securities Act 1999 90 86 Commissioner may dispense with production of probate 90
or letters of administration in certain cases 87 Rectification of register of patents by Court 92 88 Correction of errors 92 89 Evidence of entries, documents, etc 93 90 Requestsforinformationastopatentorpatentapplication 94 91 Restriction upon publication of specifications, etc 94 92 Loss or destruction of patent 95 93 Commissioner may grant extension of time 95 93A Additional provisions for extending time limits 96
Proceedings before Commissioner 94 Exercise of discretionary powers of Commissioner 98 95 Costs and security for costs 98 96 Evidence before Commissioner 98
Appeals 97 Appeals to High Court 100 98 Appeals to Court of Appeal 100 99 Costs of Commissioner in proceedings before Court 101
100 Registration of patent attorneys 101
4
101 Powers of patent attorneys 101 102 Cancellation of registration of patent attorneys 102 103 Restrictions on practice as patent attorney 102 104 Recovery of patent attorney’s charges 104
Offences 105 Falsification of register, etc 104 106 Unauthorised claim of patent rights 104 107 Protection of Royal Arms, etc 105 108 Offences by companies 106
Miscellaneous 110 Service of notices, etc, by post 106 111 Declaration by person under disability 106 112 Journal, indexes, etc 107 113 Rules of Court 108 114 Regulations 108 115 Fees 109 116 Annual report of Commissioner 110 117 Saving for Royal prerogative, etc 111 118 Application of Act to Tokelau 111 119 Repeals and savings 111
Schedule 1 112 Enactments repealed
Schedule 2 113 Regulations revoked
Schedule 3 113 Transitional provisions
An Act to consolidate and amend certain enactments relating to patents
(1) This Act may be cited as the Patents Act 1953.
(2) ThisActshallcomeintoforceonadaytobeappointedforthe commencementthereofbytheGovernor-GeneralbyProclamation.
Interpretation
(1) In this Act, unless the context otherwise requires,— Applicant includes a person in whose favour a direction has been given under section 24 of this Act and the personal rep resentative of a deceased applicant Articleincludesanysubstanceormaterial,andanyplant,machinery, or apparatus, whether affixed to land or not Assignee includes the personal representative of a deceased assignee;andreferencestotheassigneeofanypersoninclude
referencestotheassigneeofthepersonalrepresentativeorassignee of that person Commissioner means the Commissioner of Patents Commonwealth[Repealed]
Commonwealth: this definition Note
This Act is administered by the Ministry of Commerce
1 Short Title and commencement