Patents Act 1953
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Reprint as at 13 September 2014 Patents Act 1953 Public Act 1953 No 64 Date of assent 26 November 1953 Commencement see section 1(2) Contents Page Title 6 1 Short Title and commencement 6 2 Interpretation 6 2A Act preserved for patent attorney provisions 10 3 Commissioner of Patents [Repealed] 10 4 Assistant Commissioners of Patents and other officers [Repealed] 10 5 Patent Office [Repealed] 10 5A Closing of Patent Office at short notice [Repealed] 10 6 Officers and employees of Patent Office not to acquire interest in 10 any patent or prepare specifications [Repealed] Application, investigation, opposition, etc [Repealed] 7 Persons entitled to make application [Repealed] 10 8 Application [Repealed] 10 9 Complete and provisional specifications [Repealed] 11 10 Contents of specification [Repealed] 11 11 Priority date of claims of complete specification [Repealed] 11 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Note 4 at the end of this reprint provides a list of the amendments incorporated. This Act is administered by the Ministry of Business, Innovation, and Employment. 1 Reprinted as at Patents Act 1953 13 September 2014 12 Examination of application [Repealed] 11 13 Search for anticipation by previous publication [Repealed] 11 14 Search for anticipation by prior claim [Repealed] 11 15 Commissioner may require information as to corresponding 11 applications overseas [Repealed] 16 Reference in case of potential infringement [Repealed] 11 17 Refusal of application in certain cases [Repealed] 11 18 Supplementary provisions as to examination, etc [Repealed] 11 19 Time for putting application in order for acceptance [Repealed] 12 20 Acceptance and publication of complete specification [Repealed] 12 21 Opposition to grant of patent [Repealed] 12 22 Refusal of patent without opposition [Repealed] 12 23 Mention of inventor as such in patent [Repealed] 12 24 Substitution of applicants, etc [Repealed] 12 25 Provisions for secrecy of certain inventions [Repealed] 12 26 Inventions relating to atomic energy [Repealed] 12 Treaty application [Repealed] 26A Treaty application deemed to be application accompanied by 12 complete specification [Repealed] 26B Description, claims, and drawings [Repealed] 13 26C International filing date [Repealed] 13 26D Commissioner to provide international filing date [Repealed] 13 26E Amendments to documents forming part of complete specification 13 [Repealed] 26F Treaty application void [Repealed] 13 26G Requirements for examination of Treaty application [Repealed] 13 26H Publication of Treaty applications [Repealed] 13 Grant, effect, and term of patent [Repealed] 27 Grant and sealing of patent [Repealed] 13 28 Amendment of patent granted to deceased applicant [Repealed] 14 29 Extent, effect, and form of patent [Repealed] 14 30 Date and term of patent [Repealed] 14 31 Extension on ground of inadequate remuneration [Repealed] 14 32 Extension on ground of war loss [Repealed] 14 33 Extension on ground of war loss of licensee [Repealed] 14 34 Patents of addition [Repealed] 14 Restoration of lapsed patents and patent applications [Repealed] 35 Restoration of lapsed patents [Repealed] 14 36 Restoration of applications where patent not sealed [Repealed] 14 2 Reprinted as at 13 September 2014 Patents Act 1953 37 Restoration of application where complete specification not 15 accepted [Repealed] Amendment of specifications [Repealed] 38 Amendment of specification with leave of Commissioner 15 [Repealed] 39 Amendment of specification with leave of court [Repealed] 15 40 Supplementary provisions as to amendment of specification 15 [Repealed] Revocation and surrender of patents [Repealed] 41 Revocation of patent by court [Repealed] 15 42 Revocation of patent by Commissioner [Repealed] 15 43 Surrender of patent [Repealed] 15 Voluntary endorsement of patent [Repealed] 44 Endorsement of patent “licences of right” [Repealed] 15 45 Cancellation of endorsement under section 44 [Repealed] 16 Compulsory licences, etc [Repealed] 46 Compulsory licence [Repealed] 16 47 Provisions as to licences under section 46 [Repealed] 16 48 Exercise of powers on applications under section 46 [Repealed] 16 49 Endorsement, etc, on application of Crown [Repealed] 16 50 Revocation of patent [Repealed] 16 51 Inventions relating to food or medicine, etc [Repealed] 16 52 Procedure on application under sections 46 to 50 [Repealed] 16 53 Appeal and references to arbitrator [Repealed] 17 54 Supplementary provisions [Repealed] 17 Use of patented inventions for services of the Crown [Repealed] 55 Use of patented inventions for services of the Crown [Repealed] 17 56 Rights of third parties in respect of Crown use [Repealed] 17 57 Reference of disputes as to Crown use [Repealed] 17 58 Special provisions as to Crown use during emergency [Repealed] 17 58A Nature and scope of rights under section 55 [Repealed] 17 58B Duty to inform owner [Repealed] 17 58C Patentee entitled to remuneration [Repealed] 17 3 Reprinted as at Patents Act 1953 13 September 2014 Anticipation, etc [Repealed] 59 Previous publication [Repealed] 18 60 Previous communication, display, or working [Repealed] 18 61 Use and publication after provisional specification or foreign 18 application [Repealed] 62 Priority date in case of obtaining [Repealed] 18 Miscellaneous provisions as to rights in inventions [Repealed] 63 Co-ownership of patents [Repealed] 18 64 Power of Commissioner to give directions to co-owners 18 [Repealed] 65 Disputes as to inventions made by employees [Repealed] 18 66 Avoidance of certain restrictive conditions [Repealed] 18 67 Determination of certain contracts [Repealed] 18 Proceedings for infringement, etc [Repealed] 68 Restrictions on recovery of damages for infringement [Repealed] 19 68A Burden of proof for infringement of process patent [Repealed] 19 68B Regulatory review exception [Repealed] 19 69 Order for account in action for infringement [Repealed] 19 70 Counterclaim for revocation in action for infringement [Repealed] 19 71 Relief for infringement of partially valid specification [Repealed] 19 72 Proceedings for infringement by exclusive licensee [Repealed] 19 73 Certificate of contested validity of specification [Repealed] 19 74 Remedy for groundless threats of infringement proceedings 19 [Repealed] 75 Power of court to make declaration as to non-infringement 20 [Repealed] 76 Attorney-General may appear in patent proceedings [Repealed] 20 International agreements, etc [Repealed] 77 Orders in Council as to convention countries [Repealed] 20 78 Supplementary provisions as to convention applications 20 [Repealed] 79 Special provisions as to vessels, aircraft, and land vehicles 20 [Repealed] 80 Extension of time for certain convention applications [Repealed] 20 81 Protection of inventions communicated under international 20 agreements [Repealed] 82 Regulations under section 80 or section 81 [Repealed] 20 4 Reprinted as at 13 September 2014 Patents Act 1953 Register of patents, etc 83 Register of patents [Repealed] 20 84 Registration of assignments, etc [Repealed] 21 85 Limitation of proceedings [Repealed] 21 85A Application of Personal Property Securities Act 1999 [Repealed] 21 86 Commissioner may dispense with production of probate or letters 21 of administration in certain cases [Repealed] 87 Rectification of register of patents by court [Repealed] 21 88 Correction of errors [Repealed] 21 89 Evidence of entries, documents, etc 21 90 Requests for information as to patent or patent application 22 [Repealed] 91 Restriction upon publication of specifications, etc [Repealed] 22 92 Loss or destruction of patent [Repealed] 22 93 Commissioner may grant extension of time [Repealed] 22 93A Additional provisions for extending time limits [Repealed] 22 Proceedings before Commissioner [Repealed] 94 Exercise of discretionary powers of Commissioner [Repealed] 22 95 Costs and security for costs [Repealed] 22 96 Evidence before Commissioner [Repealed] 22 Appeals [Repealed] 97 Appeals to High Court [Repealed] 23 98 Appeals to Court of Appeal [Repealed] 23 99 Costs of Commissioner in proceedings before court [Repealed] 23 Patent attorneys 100 Registration of patent attorneys 23 101 Powers of patent attorneys 23 102 Cancellation of registration of patent attorneys 24 103 Restrictions on practice as patent attorney 24 104 Recovery of patent attorney’s charges 26 Offences 105 Falsification of register, etc 26 106 Unauthorised claim of patent rights [Repealed] 26 107 Protection of Royal Arms, etc [Repealed] 26 108 Offences by companies 27 109 Certain offences may be dealt with summarily [Repealed] 27 Miscellaneous 110 Service of notices, etc, by post 27 111 Declaration by person under disability [Repealed] 27 5 Reprinted as at s 1 Patents Act 1953 13 September 2014 112 Journal, indexes, etc [Repealed] 27 113 Rules of court [Repealed] 27 114 Regulations 28 115 Fees 29 116 Annual report of Commissioner [Repealed] 29 117 Saving for Royal prerogative, etc [Repealed] 29 118 Application of Act to Tokelau [Repealed] 29 119 Repeals and savings [Repealed] 30 Schedule 1 30 Enactments repealed [Repealed] Schedule 2 30 Regulations revoked [Repealed] Schedule 3 30 Transitional provisions [Repealed] An Act to consolidate and amend certain enactments relating to patents 1 Short Title and commencement (1) This Act may be cited as the Patents Act 1953. (2) This Act shall come into force on a day to be appointed for the commencement thereof by the Governor-General by Proclamation. Section 1(2): this Act brought into force, on