Commonwealth Consolidated Regulations

PATENTS REGULATIONS 1991 - REG 23.41

  (1)   This regulation applies in relation to a person if he or she satisfies the following requirements:

  (a)   the person has passed each relevant New Zealand examination mentioned in subregulation   (4);

  (b)   the person passed at least one of those examinations before the commencement day;

  (c)   the person passed the remainder of those examinations before the end of the 4 - year period beginning on the commencement day.

  (2)   For the purposes of subsection   198(4) of the Act (as affected by item   82 of Schedule   4 to the Intellectual Property Laws Amendment Act 2015 ), the person must meet the requirements set out in subregulation   (3) instead of the requirements set out in regulations   20.2, 20.3, 20.5, 20.6, 20.7 and 20.8.

  (3)   The person's application for registration as a patent attorney must be:

  (a)   in writing, in a form approved by the Designated anager; and

  (b)   accompanied by the statements and declarations mentioned in paragraphs 20.3(1)(d), (e) and (f); and

  (c)   accompanied by a written declaration signed by the person that he or she satisfies the requirements mentioned in subregulation   (1); and

  (d)   accompanied by the fee mentioned in item   104 of Schedule   7 .

  (4)   For paragraph   ( 1)(a), the relevant examinations are the following examinations jointly arranged and conducted by the New Zealand Commissioner of Patents and the Council of the New Zealand Institute of Patent Attorneys under Part   30 of the Patents Regulations   1 954 of New Zealand:

  (a)   an examination on the subject of New Zealand law and practice relating to patents and designs;

  (b)   an examination on the subject of New Zealand law and practice relating to trade marks;

  (c)   an examination on the subject of foreign patent law;

  (d)   an examination on the subject of preparation of specifications for New Zealand patents;

  (e)   an examination on the subject of patent attorney practice in New Zealand, including the interpretation and criticism of patent specifications.

Note:   Under subitem   82(2) of Schedule   4 to the Intellectual Property Laws Amendment Act 2015 , an individual who passes these examinations must apply for registration as a patent attorney under section   198 of the Patents Act 1990 within 6 months after the completion of the last of the examinations.