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The Pamphlet Collection of Sir Robert Stout: Volume 88

Letters Patent

Letters Patent.

Section 5. Letters Patent to true and first inventors are granted in New Zealand, for a term not exceeding fourteen years, for new manufactures for which no Letters Patent have been granted elsewhere, and which others at the time of making such Letters Patent shall not be using.

Section 7. The applicant is required to deposit at the Patent Office an instrument in writing under his hand and seal, in the prescribed form, embodying a specification describing the nature of the invention and in what manner it is to be performed, and also a copy thereof, and of the drawings, if any, accompanying it. Fee, £2 10s. (See Regulations Nos. 3 and 4 and copy of Schedule.) The day of the deposit of the specification is recorded at the Patent Office, and a certificate thereof is given to the applicant or his agent, by which the invention is protected for six months, in the same manner as though Letters Patent were issued for it.

Section 10. The applicant or his agent is then, or as soon after as he pleases, to give notice of his intention to proceed with his application, and will receive a form of appointment of the day of hearing, which ho is to publish, not less than sixty clear days prior to the day appointed, once in the New Zealand Gazelle, page 4 and twice in some newspaper published respectively in each of the towns of Auckland, Napier, New Plymouth, 'Wellington, Nelson, Blenheim, Hokitika, Christchurch, and Dunedin. (See Regulation No. 5.)

Any one interested in opposing the application may, not less than three clear days before the day of hearing, leave at the Patent Office particulars in writing of his objections. Fee, £2 10s.

Sections 11, 12. On the day of hearing, and at the hour appointed, the applicant or his agent shall produce the Gazette and newspapers containing the advertisements, and the Patent Officer will then hear the application and any objections. (See Regulation No. 0.) If no objections have been lodged, the Patent Officer will merely satisfy himself that the requirements of the Act and regulations have been fulfilled, and will thereupon issue his warrant for the grant of the patent. If, however, objections have been lodged, the Patent Officer will separately hear the applicant or his agent and the objector, and their respective witnesses and evidence, and then decide whether to grant his warrant or not. The Patent Officer may call to his aid, in hearing the case, any person he may think fit, and may order a remuneration to such person, and also any costs incurred by either side, to be paid by the applicant or the objector. (See Regulation No. 6.)

Section 15. After the Patent Officer's warrant has been issued, the applicant should apply to have Letters Patent sealed and issued, and at the same time pay the required fee of £2 10s. The Letters Patent cannot be issued after the period of protection has expired, unless (section 16) under certain special circumstances, when the Governor may allow it to be done within another month.

Section 17. The Letters Patent will be dated and take effect from the date on which the specification was deposited at the Patent Office.

Sections 8 and 14. The invention must be brought into actual and public use in the colony within two page 5 years from the date of the patent; and the fee of £15 must be paid within three years from the same date, or the patent will cease to be of any effect.