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Legislation / Hearings

Legislation

In New Zealand, the Patents Act 1953 governs the administration of rights to a patent. The Patents Act 1953 is accompanied by the Patents Regulations 1954.

This legislation provides for:

the administration of Patents, including the powers and functions of the Commissioners of Patents
establishing and maintaining the patents register
making and processing applications for granting patents
forms and fees
publishing the Patents Office journal
prescribing the means to take infringement proceedings to enforce rights in a patent
registering patent attorneys

Hearings

The Hearings Office is the arena in which the majority of the quasi-judicial responsibilities of the Commissioner are exercised. IPONZ become involved in proceedings when an opposition to the grant of an IP right is filed, when a revocation application is made, or when a hearing is requested. A panel of Assistant Commissioners (Hearings Officers) give decisions on matters referred to the Commissioner for hearing.

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Patent opposition and revocation

A guide for: 1. Opposition to the grant of a patent (under section 21 of the Patents Act 1953 and regulations 48 to 56 of the Patent Regulations 1954); 2. Refusal of a patent without an opposition (under section 22 and regulations 57 to 59); 3. Revocation of a patent by A the Commissioner of Patents (under section 42 and regulations 104 and 105); and B the High Court (under section 41)

Costs awards in proceedings before the commissioner

These are guidelines about the issue of costs in proceedings relating to Patents, Trade Marks and Designs. These Guidelines do not constrain the judgement and discretion of the Commissioner of Patents, Trade Marks and Designs and each costs issue will be considered on its own merits

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