Règlement de 1992 (Traité de coopération en matière de brevets) (mise à jour le 1er avril 2002), Nouvelle-Zélande

2 Interpretation

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—

(a)

that a document to which the statement relates is a true and complete translation of the accompanying document to the best of the knowledge of the person who signs the statement; and

(b)

that is dated and signed Commissioner means the Commissioner of Patents convention application hasthe same meaning as in the Act international application, International Bureau, Patent

Cooperation Treaty, Treaty application, and Treaty regu

lations have the same meanings as in the Act nationalphasemeanstheperiodoftimeinwhichaTreatyapplicationisexamined,considered,andprocessedbytheCommissionerundertheAct,whichtimeshallcommence,either—

(a)

following the fulfilment of the applicant’s obligations under Article 22(1) of the Patent Cooperation Treaty; or

(b)

following the fulfilment of the applicant’s obligations underArticle39(1)ofthePatentCooperationTreaty—

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 English translation of documents as required

(1)

Subjecttosubclauses(2)to(4),whereanydocumentordocumentsformingpartofaTreatyapplicationhavebeensupplied totheCommissionerinalanguageotherthantheEnglishlanguage, theapplicantshall,within 3months of the commencement date of the national phase, supply a translation of that document or documents, as the case may be, to the Commissioner,whichtranslationshallbeaccompaniedbyacertificate of verification.

(2)

Upon application by the applicant in accordance with this regulation, the Commissioner may, for such time and upon

3

5 Time limit specified for section 26G(1)(b) of Act Forthepurposesof section26G(1)(b) oftheActtheprescribed time limit shall be—

(a)

31 months from the priority date accorded the international application, where New Zealand was, within the meaning of Article 31(4)(a) of the Patent Cooperation Treaty, indicated as an elected State for the purposesofthatapplicationwithintheperiodof19months from that priority date:

(b)

31 months from the priority date accorded the international application, in any other case, to which paragraph (a) does not apply.

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

(1)

Subject to subclause (2), except on the express request of the applicant, the Commissionershallnot grant apatent or refuse tograntapatent,untiltheexpirationof1monthfromthedate onwhichtheapplicanthasfulfilledtheapplicant’sobligations under either Article 22(1) or Article 39(1) of the Patent Cooperation Treaty, as the case may be.

(2)

Where communication to the Commissioner in accordance with Rule 47.1 of the Treaty regulations has not been made withintheperiodof1monthfromthedateonwhichtheapplicant fulfilled the applicant’s obligations under either Article 22(1) or Article 39(1) of the Patent Cooperation Treaty, as the case may be, the time limit set out in subclause (1) of this regulation shall be extended to 4 months.

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:

(a)

in the case of a convention application, a declaration as to the inventorship of the invention disclosed in the application:

(b)

inthecaseofanapplicationotherthanaconventionapplication, a declaration alleging the right of the applicant to make the application:

(c)

an address for service in New Zealand, which address shall be regarded for the purposes of the application as the applicant’s address:

(d)

where applicable, a notice of authorisation appointing an agent to act for the applicant in any proceedings or mattersbeforeoraffectingtheCommissionerunderthe Act or these regulations concerning the Treaty application. Inthecaseofanysuchappointment,serviceupon the agent of any document relating to the application shall be deemed to be service upon the person so appointing him or her, all communications directed to be madetothepersoninrespectoftheproceedingsormatters may be addressed to the agent, and all attendances upon the Commissioner relating thereto may be made by or through the agent.

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)

The Commissioner shall, from time to time, by notice in the Patent Office Journal, publish the fees, to be collected by the CommissioneronbehalfoftheInternationalBureau,pursuant to Rule 15 of the Treaty regulations.

(2)

Any alteration in the amount payable pursuant to subclause

(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)

The Commissioner shall, from time to time, by notice in the Patent Office Journal, publish the fee to be collected by the Commissioner, on behalf of any International Searching Authority, pursuant to Rule 16 of the Treaty regulations.

(2)

Any alteration in the amount payable pursuant to subclause

(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.