51 Treaty application void

(1)

A Treaty application must be treated as void for the purposes of this Act if—

(a)

an applicant withdraws the applicant’s international application, or withdraws the application in relation to New Zealand as a designated State; or

(b)

an international application is considered to be withdrawn in accordance with Article 12(3), 14(1)(b), 14(3)(a), or 14(4) of the Patent Cooperation Treaty; or

(c)

the designation of New Zealand as a designated State is considered to be withdrawn in accordance with Article 14(3)(b) of the Patent Cooperation Treaty; or

(d)

the applicant fails to fulfil the applicant’s obligations under Article 22(1) of the Patent Cooperation Treaty within the prescribed time limit; or

(e)

the applicant fails to fulfil the applicant’s obligations under Article 39(1)(a) of the Patent Cooperation Treaty within the prescribed time limit.

(2)

Subsection (1)(b) and (c) are subject to Article 25 of the Patent Cooperation Treaty.

Compare: 1953 No 64 s 26F