PATENTS, DESIGNS, AND TRADE-MARKS. FIFTY-SECOND ANNUAL REPORT OF THE COMMISSIONER.

Appendix to the Journals of the House of Representatives, 1941 Session I, H-10

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1941. NEW ZEALAND.

PATENTS, DESIGNS, AND TRADE-MARKS. FIFTY-SECOND ANNUAL REPORT OF THE COMMISSIONER.

Presented to both Houses of the General Assembly pursuant to Section 128 of the Patents, Designs, and Trade-marks Act, 1921-22.

REPORT.

I have the honour, in accordance with section 128, to submit my report on the administration of the Act during the year 1940. The proceedings instituted during the year for the grant of letters patent and for the registration of designs and trade-marks reached a total of 2,011. This figure shows a continuation of the disturbing effects that the war, and the prevailing uncertainty in regard to commercial activities, have bad in relation to industrial property. The falling-off in the number of Patent Office proceedings in New Zealand is, of course, not an isolated movement. Corresponding decreases are to be found overseas. For example, in the United Kingdom and the Commonwealth of Australia proceedings relating to the grant of letters patent and the registration of trade-marks show decreases of 45'6 per cent, and 21-7 per cent, respectively for the year 1940 as compared with 1939. These figures afford a comparison favourable to New Zealand, where the decrease is only 24-3 per cent., though this country is proportionately less attractive for commercial and patenting activity than are the other countries referred to. In this country the total number of proceedings for 1940 constitutes, as might be expected, the lowest level since the previous Great War, when the figures were 1,953 for 1915, 2,040 for 1916, and 2,031 for 1917. As was pointed out, however, in my report last year in respect of 1939 a just appreciation of the volume of work in a Patent Office in any one year cannot be arrived at merely from a consideration of the number of proceedings commenced in that year. This applies particularly to Patent Offices, such as the New Zealand Patent Office, that are a considerable distance from the larger industrial and commercial centres of the world, from which so many Patent Office proceedings emanate. Owing to the length of time involved in the exchange of postal communications between New Zealand and the older countries many applications take long periods before they are in order for proceeding with. Apart from this, it is by no means an uncommon procedure for requests to be made to the New Zealand Patent Office to defer acceptance of cases until the results of the investigations in other Patent Offices have been received by the applicant or his Patent Attorney. The adoption of this course enables specifications to be amended wherever desirable, even though in certain countries the particular Patent Offices concerned may not have cited the cases as a result of which such amendments are being effected. For these reasons proceedings may, at the applicants' request, remain pending or dormant for one or two years, and later increase the volume of work in a year other than the year of commencement. This aspect of the matter is exemplified by the figures showing the numbers of letters patent sealed and trade-marks registered for the six-year period from 1935 to 1940 inclusive, which indicate that the combined total in 1935 was 1,699, in 1936 was 1,728, in 1937 was 1,660, in 1938 was 1,315, in 1939 was 1,778, and in 1940 was 1,907.

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From these figures it will be seen that though the total number of proceedings commenced in 1939 and 1940 was lower than in any two consecutive years since 1917 and 1918, the total number of cases brought to finality by being placed on the Register was higher in 1940 than in any of the preceding five years, the next highest figure being in the previous year, 1939. In addition to the above factors, when the volume of work in any particular year is under consideration account must also be taken of the inevitable snowball effect which occurs in Patent Offices, due to the periodic renewal of grants and registrations and to the fact that so many cases remain relevant to subsequent cases, each new case thus potentially increasing the time that may be involved in disposing of subsequent cases. The total fees which were received by the Patent Office in respect of proceedings relating to patents, designs, and trade-marks amounted to £12,240 16s. The corresponding figure for 1939 was £14,134 6s. 6d., but this sum constituted the third largest amount of revenue received in any one year since the inception of the New Zealand Patent Office. It is satisfactory to note that though the number of proceedings instituted in 1940 showed a reduction of 24-2 per cent, as compared with those in 1939, the amount of fees received did not suffer to the same extent, having been only 13 per cent, less than the total received in 1939 and only 10-5 per cent, less than the average receipts for the last five years. When it is taken into consideration that the five-year period selected includes the record year (1938) since the establishment of the Patent Office and also the third highest year (1939), it will be seen that the drop in 1940 of only 10-5 per cent, on the average receipts for the prior five years is a matter for satisfaction. In regard to expenditure, which totalled £6,075 12s. for the year 1940, it will be noted that as a result of economies and a decrease in salary-outgoings owing to continued staff losses mainly due to enlistments in the armed forces, the payments are down by 11 per cent, on the previous year 1939. The balance between receipts and payments has accordingly remained at substantially the same ratio as in the previous year. Seeing that economy had already been strictly practiced before the war period commenced, the reduction in expenditure for 1940 is satisfactory from a financial point of view, though the further loss of officers in 1940 in addition to those lost in 1939 has necessarily been a great handicap and imposed a heavy strain on the depleted staff. Among the economies put into operation during the year was a reduction in the size and illustration of the New Zealand Patent Office Journal, which is published fortnightly, and is the official organ of the Patent Office for the publication of information relating to patents, designs, and trade-marks. It is regretted that as a result of this reduction the Journal has inevitably become of considerably less use than heretofore to subscribers, libraries, and the public in New Zealand, and in the numerous overseas countries to which the Journal is despatched. A return to a normal publication as soon as the financial and general situation will allow is accordingly very desirable. In the meantime the cost has been reduced from £1,046 ss. lOd. in 1939, to £591. 13s. 3d. in 1940. The receipts for the period under review exceeded the expenditure by the sum of £6,165 45., thus increasing the surplus of the Patent Office since Ist January, 1890, to the grand total of £242,392 14s. lid. Patents. The influence of war conditions on Patent Office activity has been more markedly felt in the Patents Division than in the Trade-marks Division, the figures in the two divisions having been 1,277 proceedings for the grant of letters patent in 1940, as against 1,821 in 1939, and 626 proceedings for the registration of trade-marks in .1940, as against 694 in 1939. There was also a decline during 1940 in the number of cases in connection with which a complete specification was filed in the first instance at the commencement of the proceedings. The number of applications in respect of which the complete specification was so lodged was 636 in 1940, as against 1,131 in the previous year. In regard, however, to the complete specifications that have been lodged in proceedings for which a provisional specification only had been filed when the proceedings were commenced, the number of such complete specifications has kept up to a remarkable extent. In 1940 these specifications totalled 182, as against 191 in the preceding year, the decline having been only 9 for the period under review. The total number of proceedings for the grant of letters patent instituted up to 31st December, 1940, was 84,131, and the number of patents in force at that date was 8,768, made up as follows : Patents sealed and third-year fees paid from 31st December, 1937, to 31st December, 1940, 2,387 and 2,516 respectively; sixth-year fees paid from 31st December, 1930, to 31st December, 1940, 3,863, and two patents in respect of which an extension of term has been granted by order of the Supreme Court under the special procedure laid down in that behalf. Tbend of Invention. So far as New Zealand is concerned, the truth of the old saying that necessity is the mother of invention was well illustrated last year by the stimulating effect that was produced in one of the many branches of inventive activity as a result of the rationing of fuel for motor-vehicles. In view of this rationing, a number of inventors have turned their attention to the problems of vehicle-propulsion by means of internal-combustion engines utilizing fuel other than petrol,

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The efforts of these inventors have been mainly responsible for the marked increase that has occurred during the year in the number of inventions in class Gas-manufacture for lighting, heating, or 'power purposes. The average number of proceedings coming within this class during the ten years up to and inclusive of 1939 was 7-4. During 1940 the total in the class rose to the high figure of 60, and the prospects are that the current year will see a continuation of interest by inventors in this important subject. In my report presented last year I drew attention to the reputation that certain New Zealand inventors have acquired overseas, and to the pronounced effect that such inventors have had on the economic and social development of this country. My remarks were prompted by an increased activity with reference to inventions in class Milking-machines, in respect of which New Zealand has so often given the world a lead. This marked activity has been maintained in 1.940, the number of proceedings relating to milking machinery having been 59. Adding this figure to the 83 cases instituted in 1939 and the 71 cases in 1938, brings the total proceedings for the last three years to more than double the total for the prior three years. Class Explosives, firearms, &c., constitutes another group of inventions in which an unusual degree of interest has been manifested since the commencement of the war, the numbers received having risen in 1939 to over three times the total in the previous year (1938) and in 1940 to over five times that total. There has also been an increase in the class Aeronautics, in which the figures rose from 15 in 1939 to 19 last year. Other classes in which increases occurred are Drying, 20 (15) ; Medicines and surgical appliances (including ear-instruments, dental work, &c.), 30 (26); Printing and photography, 16 (10); Sewing and knitting, 30 (27) ; Washing and cleansing, 32 (29). A heavy increase in the cases coming within class Engines (air, gas, and oil) also occurred in 1940, the figures having risen to 58, as against 22 in 1939. Considering that the total number of cases for the year was, as indicated, less than the total for 1939, it is all the more remarkable that the above classes should have shown not only a relative increase, but a positive increase in the figures for the previous year. In view of this, a number of classes are necessarily reduced in a greater degree than would have otherwise have been expected. Among the classes in which a falling-off has occurred is Telephony and telegraphy, which showed 223 cases in 1940, as against 512 in 1939. This class includes inventions relating to radio, and is one of the groups in connection with which extraordinary activity has been shown over a considerable period. It was pointed out in my report presented in 1938 that the high numerical level in the class was not likely to be maintained, and the figures have in fact fallen from 578 in 1938 to 512 in 1939 and 223 in 1940. Even at this figure, however, the radio group is easily the largest in the Patent Classification, the next largest being Illuminating (except gas-manufacture), which comprised 81 cases as against 86 in 1939. Decreases also occurred in the number of proceedings relating to classes Electricity and magnetism, 64 (106); Amusements, music, exercises, games, dec., 27 (47); Dairying, 22 (31) ; and Vehicles, 27 (52). Designs. As in the period covered by my last report, there has been a further decrease in the number of proceedings instituted for the registration of designs. The figure for 1940 is 108, as against 137 in 1939 and 160 in 1938. The number received last year is in fact the lowest since 1920, but is greater than the number received in any one year during the 1914-18 war, with the exception of 1916, when the proceedings instituted were 113. The total number of design proceedings commenced at the Patent Office as at the 31st December, 1940, is 4,502. In regard to the number of design registrations in force as at that date the total is now 987, the number of cases registered during the year being 103. Design registrations which became void during the year owing to the non-payment of renewal fees numbered 144. The term of copyright for the second term of five years was renewed in 43 cases, and renewal for the third term of five years was effected in 5 cases. In regard to the countries from which applications for registration were received, the greatest number were received from persons resident in New Zealand 88 (91). Next in numerical order were applications received from persons in Great Britain and the Commonwealth of Australia, the number received from these two countries being equal. Turning to the question as to the classes in which design proceedings were instituted during the year, Class 1 (Articles composed wholly of metal or in which metal predominates, and jewellery) again heads the list with a total of 52, as against 65 in 1936 and 70 in 1938. The next highest class is Class 3 (Articles composed wholly of wood, bone, ivory, papier-mache, or other solid substances not includei in other classes, or of materials in which such substances predominate), in which 32 applications were received, as against 44 in the prior year. Then follow Class 4 (Articles composed wholly of glass, earthenware, or porcelain, clay (burnt or baked), or cement, or in which such materials predominate), 14(11), and Class 5 (Articles composed wholly of paper, cardboard, millboard, or strawboard (except articles included in Class 2, and paper hangings), or in which such materials predominate), 5 (6). Trade-marks. As vas indicated earlier in this report, the number of proceedings instituted in respect of the registration of trade-marks kept up very well during 1940 as compared with the proceedings instituted in the Pitents Division. This is all the more satisfactory in view of existing world conditions, and appears 1o indicate a degree of commercial activity greater than might have been expected in the circumstances.

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The highest number of applications received from any one country were those from persons resident in New Zealand, the total being 287, as against 334 in 1939. As in the year 1939 Great Britain was next highest, the total being 128 (155). After this comes New South Wales, which shows an increase of 11 on 1939, the total for 1940 having been 52. The next highest is United States of America 47 (76), followed by Victoria, from which 28 applications were received, as against 43 in 1939. The fees received in respect of trade-mark proceedings amounted to £2,662 9s. Bd., as against £3,386 14s. lid. for 1939. While the amount received in 1940 thus represents a substantial falling-off as compared with the amount received in 1939 it is interesting to note that in .1915, being the first complete year of hostilities in the 1914-18 war, the total fees received in respect of trade-mark proceedings was £1,101 3s. 9d. Usually the greatest number of proceedings in any one class is in Class 42 (Substances used as food or as ingredients in food). This was not so, however, during the year under review, when the highest number of cases was in Class 3 (Chemical substances prepared for use in medicine and pharmacy), in which 103 proceedings were commenced, being an increase of 30 on the previous year. In Class 42 there are 73, being 4 fewer than in 1939. Next in order of the number of proceedings are : Class 38 (Articles of clothing), 48 (65) ; Class 2 (Chemical substances used for agricultural, horticultural, veterinary, and sanitary -purposes), 43 (27) ; Class 48 (Perfumery, including toilet articles, preparations for the teeth and hair, and perfumed soap), 36 (50). Class 1 (Chemical substances used in manufactures, photography, or philosophical research and anti-corrosives) and Class 8 (Philosophical instruments, scientific instruments, and apparatus for useful purposes ; instruments and apparatus for teaching) are equal with 29 (31 and 42 respectively in the previous year). Genekal. As in the case of the 1914-18 war, it has become necessary during the present war to introduce special provisions in regard to patents, designs, trade-marks, and copyright to enable proceedings before the Patent and Copyright Offices to be dealt with most satisfactorily and with a minimum of hardship or inconvenience to the persons concerned in the unusual circumstances created by hostilities. Seeing that the branches of law affecting patents, designs, trade-marks, and copyright are of a specialized nature, and arc more closely related to each other than to other branches of law, it was deemed expedient that a separate set of emergency regulations with reference to these four typos of subject-matter should be issued. The Patents, Designs, Trade-marks, and Copyright Emergency Regulations 1940 were accordingly prepared and passed in the early part of the year. These regulations are largely based on, and incorporate, a number of provisions in Great Britain, some of which had been brought into operation there by statute, some by regulations, and some by way of license. One of the most important of these New Zealand regulations deals with inventions, &c„ in relation to defence. In this connection it may be noted that the United Kingdom has been in touch with the New Zealand Government with reference to safeguarding such inventions, and a number of suggestions made by this country are being incorporated in a reciprocal arrangement which is being made between England and New Zealand. Efforts are also being made to extend this arrangement so as to cover the other Dominions as well. As a result of the regulations it is necessary for any person who desires to apply for the grant of a patent, or the registration of a design or copyright, in any foreign country to apply for a written permit from the Commissioner. In dealing with these applications care is being taken to ensure that subject-matter likely to be of assistance to the enemy is not permitted to leave the country. In appropriate cases directions are also given prohibiting or restricting the publication of such information or the communication of such information to any particular persons or classes of persons. The regulations also deal with the question of contracts with enemies and enemy subjects relating to patents, &c., with the grant of licenses under patents, &c., of enemies and enemy subjects, and with the suspension of trade-mark rights of enemies or enemy subjects. In this latter connection it is of interest to note that in the 1914 -18 war power was vested in the Commissioner of Patents enabling him, in suitable cases, not only to suspend the registration, of tie trade-mark, but to cancel it. Where proceedings for the grant of letters patent, or the registration of designs, trade-marks, or copyright have been commenced on the application of enemies, subject to diie consideration of the public interest, provision is made for the safeguarding of rights in appropriate circumstances. The regulations also deal with the effect of the war on international arrangements as to patents, designs, trade-marks, and copyright, and the Commissioner is given wide powers to extend time-li:mts. Certain facilities in regard to the payment of fees in enemy territory, or on behalf of enemies, are also provided. In the administration of the regulations, where the matters under consideration involve a community of interest, the Patent Office functions in close collaboration with any other Government Departments that may be concerned. In addition to the Emergency Regulations referred to above, a considerable amount of wcrk has been done in connection with a complete revision of the regulations relating to trade-marks, and it is anticipated that the necessary Order in Council will be gazetted at an early date. The Patents, Designs, and Trade-marks Amendment Act, 1939, was in operation throughout the whole year under review, having come into force on Ist January, 1940. It has long been the policy of the Government that the New Zealand Patent Office, and its practice and procedure, should conform closely to the lines adopted in England, subject, however, to such modifications as are rendered desirable by local conditions, including finance. The above Act of 1939, which is accordingly broadly based on corresponding provisions in. Great Britain, embodies many improvements formulated in that country as a result of experience and research, and should prove beneficial to New Zealand inventors, trade-mark owners, and the public.

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At the best of times the law relating to the subject-matter covered by the Act is regarded by the legal profession as not easy. In order to achieve the results aimed at it was inevitable that the new Act should introduce additional and more difficult provisions, which have been referred to by two well-known legal text-book writers as " a complicated piece of legislation abounding in crossreferences, provisoes, and exceptions." As was anticipated, therefore, the administration of the new Act has involved a considerable increase in the work of the Office, and many matters which, as the result of long years of experience and interpretation, could previously be dealt with safely and expeditiously in accordance with wellestablished principles have required the closest scrutiny during the year under review. Having passed the retiring-age in 1940, and been engaged on legal and patent work for over forty years, I have sought and obtained permission to retire from the Office I have occupicd since 1925. I have, however, indicated to the Hon. the Minister my willingness to assist in a consultative or similar capacity at any time I may be called on. Patent Agents. It is regretted having to report the death by accident of Mr. J. Campbell Peacock, of Wellington, a well-known barrister and solicitor, who had been a registered Patent Agent in practice before this Office for close on thirty-two years. The removal of Mr. Peacock's name from the register reduces the number of Patent Agents on the register as at 31st December, 1940, from 16 in 1939 to 15 in 1940. Conclusion. The appendix hereto contains the following tables, lists, &c., viz. : — A. Receipts and Payments Account for the Year ended 31st December, 1940. 15. Table showing Receipts and Payments for each of the Last Ten Years. C. Particulars of Fees received from Ist January to 31st December, 1940, together with the Corresponding Figures for the Years 1938 and 1939. D. Total Number of Applications for Patents and for Registration of Designs and Trademarks recorded for the Years 1916 to 1940 (inclusive). E. Number of Provisional and Complete Specifications received, &c. F. Number of Applications for Patents from Persons residing in New Zealand or Dependencies, &c., and in other Countries in each of the Years 1939 and 1940, together with the Average for the Years 1934-38 (inclusive). G. Number of Applications for Patents for the Different Classes of Inventions in each of the Years 1939 and 1940, together with the Average for the Years 1934-38 (inclusive). H. Total Number of Applications for Patents, Letters Patent sealed, and Letters Patent in force for Full Term under the Different Patents Acts, up to 31st December, 1940 (inclusive). I. Number of Applications for Registration of Designs in each of the Fifteen Classes in each of the Years 1938, 1939, and 1940. J. Number of Applications for Registration of Trade-marks from Persons residing in New Zealand or Dependencies, &c., and in other Countries in each of the Years 1939 and 1940, together with the Average for the Years 1934-38 (inclusive). K. Number of Applications to register Trade-marks in the Fifty Different Classes in each of the Years 1939 and 1940, together with the Average for the Years 1934-38 (inclusive). H. T. Atkinson, Commissioner of Patents, Designs, and Trade-marks. The Patent Office, Wellington, 30th May, 1941.

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APPENDIX.

PATENT OFFICE. A. —Receipts and Payments Account for the Year ended 31st December, 1940. Receipts. £ s. d. Payments. £ s. d. Patent fees .. .. . • •. • • 9,388 5 2 Salaries .. . . .. . . . . 4,700 13 4 Design fees .. .. . • . • • • 136 6 0 Fuel, light, power, and water .. .. .. 39 5 1 Trade-mark fees .. .. .. .. 2,662 9 8 Rent of offices .. .. .. .. 340 10 0 Sales of Acts, Journals &c.— £ s. d. Patent Office Journal .. .. .. .. 591 13 3 At the Government Printing Office .. 46 711 Postage, telegrams, and telephones .. .. 147 14 0 At the Patent Office .. .. 7 7 3 Printing and stationery, &c. .. .. .. 231 11 4 53 15 2 Refunds .. .. .. .. .. 24 5 0 Balance: Cash in Public Account .. .. 6,165 4 0 £12,240 16 0 £12,240 16 0 H. T. Atkinson, Commissioner of Patents. I hereby certify that the Statement of Receipts and Payments has been duly examined and compared with the relative books and documents submitted for audit, and correctly states the position as disclosed thereby. Copyright fees are not included. —Cyril Collins, Controller and Auditor-General.

B. —Table showing Receipts and Payments for each of the Last Ten Years.

C. —Particulars of Fees received from 1st January to 31st December, 1940, together with the Corresponding Figures for the Years 1938 and 1939.

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Year. Receipts. Payments. Surplus. j Year. Receipts. Payments. Surplus. £ s. d. £ s. d. £ s. d. ! £ s. d. £ s. d. £ s. d. 1931 13,390 11 6 5,466 7 8 7,924 3 10 1936 j 13,276 1 4 5,221 19 1 8,054 2 3 1932 12,034 19 4 4,782 7 0 7,252 12 4 1937 13,407 3 7 5,623 9 1 7,783 14 6 1933 11,694 II 10 4,378 18 10 7,315 13 0 1938 j 14,754 2 8 6,790 8 3 7,963 14 5 1934 12,376 5 11 4,709 6 9 7,666 19 2 1939 ! 14,134 6 6 6,846 1 4 7,288 5 2 1935 12,868 19 4 4,476 13 3 8,392 6 1 1940 I 12,240 16 0 6,075 12 0 6,165 4 0

1938.* 1939.* 1940. Patents. £ s. d. £ s. d. £ s. d. Applications for patents with provisional specifications .. .. 677 0 6 705 10 0 648 16 6 Applications for patents with completo specifications .. .. 2,546 0 0 2,162 0 6 1,279 0 0 Complete specifications left after provisional specifications .. . . 436 0 0 383 10 0 308 0 0 Applications for extension of time .. .. .. .. 164 15 0 158 17 0 113 0 9 On giving notice of opposition .. .. .. .. .. 3 15 0 5 00 200 On hearing opposition On request for sealing letters patent .. .. .. .. 1,111 11 0 1,216 19 10 1,372 9 0 On request for duplicate deeds of letters patent On request for sealing letters patent after prescribed time .. .. 300 .. 30 0 On sealing letters patent after prescribed time .. .. .. 1500 Renewal fees paid before end of third year .. .. .. 2,597 2 3 2,703 0 0 2,793 0 0 Renewal fees paid before end of sixth year .. .. .. 2,848 0 0 2,898 0 0 2,514 7 9 Applications for restoration of lapsed patents .. .. .. 600 1800 14 00 On restoration of letters patent .. .. .. .. 127 10 0 83 10 0 18 0 0 On request to enter name of subsequent proprietor, &c., on register .. 61 7 0 69 12 0 79 5 0 On request to correct clerical errors .. .. .. .. 1 10 0 0 15 0 0 15 0 Certificates of Commissioner .. .. .. .. . . 31 7 0 34 10 6 22 6 9 Copies of specifications and drawings .. .. .. .. 44 19 1 100 9 7 126 3 8 Application for registration as patent agent Patent agents' fees .. .. .. • ■ • • • • 31 10 0 33 12 0 2 2 0 Patent agents' examination fees Searches .. .. .. .. • • •. • • 27 16 6 32 15 6 30 14 8 Amendment of letters patent .. .. .. .. 1100 600 500 Request to enter chango of name .. .. .. .. 150 150 Request to enter change of address .. .. .. .. 6120 050 34 80 Application for endorsement of letters patent " Licenses of Right " .. .. 2 0 0 Advertising in Journal, &c., under Supreme Court Rules Application for entry of order of Supreme Court in register Weekly lists .. .. .. •• .. •• •• 4 16 0 400 5 40 Miscellaneous.. .. .. •• • • 13 0 3 27 6 3 16 12 1 9,388 5 2 Tor a completo analysis of fees received in 1938 and 1939, see reports for those years respectively.

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C. —Particulars of Fees received from 1st January to 31st December, 1940, together with the Corresponding Figures for the Years 1938 and 1939 —continued.

D.—Total Number of Applications for Patents and for Registration of Designs and Trade-marks recorded for the Years 1914 to 1940 (inclusive).

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1938.* 1930.* 1940. Designs. £ s. <1. £ s. d. £ 8. d. Application for registration of designs .. .. .. .. 68 I 0 68 9 0 52 1 6 On extension of period of copyright under section 56 (2) .. . . 35 19 6 44 19 6 52 0 0 On extension of period of copyright under section 56 (3) .. 30 0 0 38 0 0 22 0 0 Searches (Regulation 42) .. .. .. .. .. .. 0 5 0 076 Searches (Office) .. . . .. .. . . . . 1 16 0 2 2 0 1 13 0 Certificates of Commissioner . . .. . . . . .. 1 10 0 4 0 0 Assignment of designs .. . . .. .. . . 1 0 0 1 5 0 3 10 0 Copies of drawings .. .. .. .. .. .. 030 086 040 Change of name Change of address Applications for extension of time ,. .. . . .. 0 10 0 0 10 0 Miscellaneous .. .. .. 1 15 0 15 0 136 6 0 Trade-marks. Application for registration .. .. . . . . .. 631 5 0 512 8 8 472 14 0 On registration .. .. .. .. .. .. 1,184 15 6 1,102 19 6 709 11 11 On association .. .. .. .. .. 14 7 0 11 6 0 7 19 0 On renewal of registration .. .. .. .. .. 1,638 18 4 1,377 19 7 1,175 4 6 Application for extension of time .. .. .. .. 33 12 4 23 11 0 19 15 0 On giving notice of opposition .. .. .. .. .. 850 200 200 On application for rectification of register .. .. .. .. .. 10 0 On assignment of trade-marks .. .. .. . . . . 133 1 6 107 8 9 88 18 6 Amendment of trade-marks .. .. .. .. .. 5 50 550 On cancellation .. .. .. .. .. 3 10 0 11 15 0 3 0 0 On request under section 73 (6) . . . . .. . . 0 10 0 0 9 0 0 10 0 Extra space in Journal .. . . .. . . .. 12 5 0 14 4 0 5 6 0 Copies of trade-mark certificates .. .. .. .. 0186 010 060 On request to enter change of address .. .. .. 67 11 1100 9 140 On request to enter change of name . . . . . . . . 10 7 0 6 13 0 4 5 0 On request under section 99 .. .. . . . . 2 0 0 4 12 0 2 0 0 Certificates of Commissioner .. . . . . . . 11 0 0 7 8 0 7 5 0 Searches (Regulation 84) .. .. . . 18 5 0 16 10 3 12 2 6 Searches (Office) .. .. .. .. .. .. 31 7 0 27 11 0 27 12 0 On request to correct clerical errors 1150 100 200 Additional fee under Rule 62.. .. .. .. .. 400 200 500 Requost to strike out goods .. .. .. . . .. 3 15 0 1 5 0 0 10 0 On restoration of trade-mark .. .. .. .. .. 12 30 200 600 Application for order for suspension of rights (Patents, Designs, Trade- . . .. 110 0 marks, and Copyright Emergency Regulations 1940) Miscellaneous.. .. .. .. .. .. .. 4 18 9 5 7 6 98 6 3 2,662 9 8 * For a complete analysis of fees received in 1937 and 193S see reports for those years respectively.

Year. Patents. Designs. Trade-marks. I Total. j Year, j Patents. Designs. Trade-marks, j Total. 1914 1,574 55 687 2,316 1928 2,070 163 1,201 3,434 1915 1,299 89 565 1,953 1929 2,251 125 1,359 3,735 1916 1,261 113 666 2,040 1930 2,103 169 1,265 3,537 1917 1,329 83 619 2,031 1931 2,065 151 999 3,215 1918 1,386 53 695 2,134 1932 1,845 164 925 2,934 1919 1,880 74 1,272 3,226 1933 1,761 143 814 2,718 1920 2,193 109 1,391 3,693 1934 1,766 146 915 2,827 1921 2,115 141 994 3,250 1935 1,730 185 943 2,858 1922 2,183 214 1,103 3,500 1936 1,836 124 1,096 3,056 1923 2,075 183 1,163 3,421 1937 1,832 193 889 2,914 1924 2,085 185 1,338 3,608 1938 1,960 160 860 2,980 1925 2,046 203 1,332 3,581 1939 1,821 137 694 2,652 1926 2,137 204 1,143 3,484 1940 1,277 108 626 2,011 1927 2,052 145 1,325 3,522

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B.—Number of Provisional and Complete Specifications received, etc.

F.—Number of Applications for Patents from Persons residing in New Zealand or Dependencies, etc., and in other Countries in each of the Years 1959 and 1940, together with the Average for the Years 1934-38 (inclusive).

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Applications Applications Applications for Applications with which with which which Complete abandoned, p , , , , Complete Specifica- Provisional Specifica- Specifications sub- lapsed, or en s sea ea. Total C, tions lodged. tions lodged. sequently lodged. refused. Number 8 . of New Zea- ! New Zea- New Zea- $ New Zea- § New Zea- $ Appliland or Other land or Other land or jC 'J land or £ land or 'C cations. Depend- Countries. Depend- Countries. Depend- g § Depend- g § Depend- g § encies, &c. encies, &c. encies, &c. encies, &c. g encies, &c. 1910 .. 250 443 990 148 254 75 925 125 306 475 1,831 1911 .. 245 434 935 126 258 59 849 86 323 482 1,740 1912 .. 258 507 877 95 275 35 817 78 334 508 1,737 1913 .. 217 467 965 126 249 58 910 94 272 499 1,775 1914 .. 177 426 868 103 228 45 782 96 273 423 1,574 1915 .. 140 286 787 86 322 46 669 78 266 288 1,299 1916 .. 178 297 699 87 194 38 630 67 245 319 1,261 1917 .. 183 360 708 84 203 41 580 57 249 385 1,329 1918 .. 143 454 704 88 245 39 540 72 284 442 1,389 1919 .. 200 685 906 91 279 42 707 77 321 689 1,880 1920 .. 250 890 949 110 249 37 725 123 330 1,030 2,199 1921 .. 194 722 1,080 119 310 42 890 107 398 730 2,115 1922 .. 203 686 1,190 104 328 38 992 92 406 693 2,183 1923 .. 221 701 1,041 112 256 57 933 73 341 728 2,075 1924 .. 190 752 1,032 111 304 35 882 89 356 758 2,085 1925 .. 177 764 1,007 98 324 41 831 99 356 756 2,046 1926 .. 180 804 1,058 95 283 41 917 78 347 795 2,137 1927 .. 153 752 1,028 119 284 49 841 95 330 793 2,052 1928 .. 127 912 905 128 240 44 753 98 291 932 2,072 1929 .. 141 1,118 867 125 216 40 753 114 266 1,118 2,251 1930 .. 120 905 984 94 241 32 828 90 275 910 2,103 1931 .. 117 649 1,213 87 255 32 1,056 78 276 655 2,065 1932 .. 95 559 1,120 71 265 27 951 61 263 570 1,845 1933 .. 96 688 909 69 217 24 751 87 250 674 1,762 1934 .. 86 752 857 71 210 23 720 75 217 754 1,766 1935 .. 91 755 805 83 225 36 660 59 230 781 1,730 1936 .. 92 988 678 79 189 40 591 85 208 958 1,837 1937 .. 81 1,040 632 80 170 35 511 141 213 968 1,833 1938 .. 70 1,215 598 77 155 36 1,960 1939 .. 78 1,043 628 72 153 29 1,821 1940 .. 78 558 600 41 1,277 Note. — Applications are sometimes received from joint applicants resident in different countries, and from applicants giving two addresses; the figures may therefore total more than the actual number of applications received.

1934-38. 1939. 1940. Jj 1934-38. 1939. 1940. New Zealand .. .. 799-4 704 684 Latvia .. .. 0-2 Argentine Republic .. 0-2 .. .. Lichtenstein .. .. 0-6 Austria .. .. 2-6 1 .. Luxembourg .. .. 0-6 1 Australia .. .. 234-0 266 151 Mexico .. .. 0-2 Bahama Islands .. 0-2 .. .. Netherlands .. .. 45-0 48 1 Belgium .. .. 3-4 3 .. New South Wales .. 125-4 171 81 British Solomon Islands 0-2 .. .. North Nigeria Canada .. .. 9-2 13 3 Norway .. .. 1-2 2 1 Canberra F.C.T. .. 1-0 .. .. Philippine Islands Czechoslovakia .. 1-0 3 .. Queensland .. .. 11-4 9 8 Denmark .. .. 5-6 6 .. Roumania .. .. 0-4 1 Dutch East Indies .. .. .. .. South Australia .. 10-8 11 3 Eire.. .. .. 1-0 .. .. South West Africa Esthonia .. .. .. .. .. Southern Rhodesia Federated Malay States 0-4 5 2 Spain .. .. 0-2 Finland .. .. 0-2 .. .. Straits Settlements France .. .. 16-8 19 6 Sweden .. .. 4-0 12 4 Germany .. .. 134-4 81 .. Switzerland .. .. 4-2 7 3 Greece .. .. 0-2 1 .. Tasmania .. .. 1-6 4 Guatemala .. .. .. .. .. Thailand .. .. 0-4 1 Great Britain ,. 425-2 454 304 Union of South Africa .. 3-0 7 5 Hungary .. .. 1-0 1 4 United States of America 129-6 182 105 India .. .. 1-2 .. .. Victoria .. .. 80-0 63 54 Italy .• 2-2 3 5 Western Australia .. 3-8 8 5 Japan .. .. .. .. .. Western Samoa .. 0-2 Kenya .. .. 0-6

H.—lo.

G. —Number of Applications for Patents for the Different Classes of Inventions in each of the Years 1939 and 1940, together with the Average for the Years 1931-38 (inclusive).

2—H. 10.

9

Class. 1934-38 1939. 1940. | Class. 1934-38 1939. 1940. Advertising and displaying signs, 18-4 8 3 Illuminating (except gas-manufac- 87-4 86 81 &c. tnre) Aeronautics .. .. .. 11'8 15 19 Indicating, calculating, and measur- 48'8 39 35 Amusements, music, exercisers, 39'4 47 27 ing (including moisture-testers) games, &c. Attaching and securing (including 18-0 19 14 Kitchen utensils and cooking appli- 42'4 25 19 bolts, ties, &c.) ances (including ovens) Boilers (steam) .. .. .. 3-0 .. 4 Lifting, hauling, and loading .. 20-4 20 14 Boots and shoes .. 17'8 17 12 Locks, latches, and hinges .. 20'6 20 11 Bottles, bottling, and glass-working 34-0 30 16 Boxes, cans, and casks .. ..55-4 45 34 Marine and sub-marine (including 15-4 21 12 Brewing, distilling, &c. .. 10'4 1 2 lake and river engineering) Brooms and brushes (including 11'0 8 6 Marking (tickots, labels, &c.) .. 6'2 6 4 mops) Medicines and surgical appliances 30'8 26 30 Building-construction .. ,.28-8 25 15 (including ear-instruments, dental Building - construction (brick and 27-6 32 28 work, &c.) cement compositions and mould- Metal-working (including welding, 27-8 28 21 ing) stamping, and plating) Building-construction (windows and 14-2 20 8 Milking-machines* .. 43 • 8 83 59 doors) Minerals (includingfiltration, lixivia- 16-0 12 7 tion, screens, &c.) Chemicals .. .. .. 13-0 19 13 Minerals (magnetic separators) .. 0-4 Cleaning, polishing, &c. .. ..20-2 9 8 Minerals (stampers and pulverizers) 3-0 3 1 Closets and urinals .. .. 18-8 19 18 Coin-freed mechanism .. .. 8-8 5 2 Oils and lubricators .. 25'0 23 14 Cooling and freezing .. ..18-6 19 9 Cultivating and tilling .. ..36-0 21 27 Paints and painting (includng 8-8 5 5 Cutting and sawing, and tools .. 41 • 8 28 26 kauri-gum) Pipes, tubes, and hose .. ..20-2 21 10 Dairying* .. .. ..35-8 31 22 Preserving .. .. ..13-0 10 9 Drains and sewers .. .. 3-8 5 5 Presses .. .. .. 5-2 5 11 Dredging and excavating (including 6-6 8 11 Printing and photography .. 20-0 10 16 rock drills) Pumps and sprayers (except rotary 19-4 18 17 Drying .. .. .. 14-0 15 20 pumps) Klectricity and magnetism .. 75-2 106 64 Railways and tramways .. 15-6 17 6 Engines (air, gas, and oil) .. 40-6 22 58 Roads and ways (including road 15-2 II 8 Engines (steam), including rotary 10-8 6 3 watering) pumps Engines (miscellaneous and engine 26-2 21 15 Seed - dressing, chaff - cutting, and 4-4 4 4 accessories), including current threshing motors, solar motors, tide motors, i Seed-sowers .. .. .. 15-4 13 12 wave motors, windmills, miscel- Sewing and knitting .. 21'4 27 30 laneous motors Sheep and cattle (including veteri- 25-6 II 11 Explosives, firearms, and targets .. 6-2 17 26 nary appliances) Exterminating (including trapping 21-4 16 12 Sheep shearing and clipping .. 3-8 4 1 animals) Shop and hotel fittings .. 21'6 11 11 Stationery and paper .. 33 • 2 28 26 Fencing .. .. ..14-0 20 12 Fencing (strainers) .. .. 2-2 2 .. Telephony and telegraphy (including 444 • 2 512 223 Fibre - dressing (including rope- 18-8 5 11 phonographs, &c.) making) Tobacco .. .. .. 12'0 4 2 Filters .. . . . . 4 • 2 ,9 5 Fire alarms, escapes, ladders, and 10-8 14 2 Valves and cocks .. ..17-8 12 10 extinguishers Vehicles .. .. 58'8 52 27 Food .. .. .. .. 15-0 23 11 Vehicles (velocipedes) .. .. 16-6 12 II Furnaces and kilns (including smoke- 18\2 20 9 Ventilating .. .. .. 8-6 5 6 consumers) Furniture and upholstery, desks, 34-8 46 44 Washing and cleansing .. ..23-6 29 32 blinds, curtains, &c. Water-supplying .. .. 6-0 5 2 Wearing-apparel .. ..49-8 42 25 Gas-manufacture for lighting, heat- 8'0 9 60 Wools and hides .. .. 8-6 2 10 ing, or power purposes Miscellaneous inventions not in 18-0 18 19 Harness (includinghorse, &c., covers) 4'4 3 2 other classes, as indiarubberHarvesting and grading .. .. 21-4 29 23 manufacture, fishing - appliances, Heating, and fuel-manufacture .. 42-8 28 19 &c. « Prior to 1911 milking-machines were included in class " Dairying," but are now a separate class. Note. —Owing to some inventions being classified under more than one heading, the figures will total more than the number of applications received.

H.—lo.

H.—Total Number of Applications for Patents, Letters Patent sealed, and Letters Patent in Force for Full Term under the Different Patents Acts, up to 31st December, 1940 (inclusive).

I. —Number of Applications for Registration of Designs in each of the Fifteen Classes in each of the Years 1938, 1939, and 1940.

10

Number XT , m 4. i u- i, Number lotal on which I . Dn , , Number of Letters Patent! , . , i Applications. have been al sealed. I Act of I860 .. .. 1861 to 1870 .. .. 109 109 109 „ 1870 .. .. 1871 to 1883 .. .. 881 687 465 „ 1883 .. .. 1884 to 1889 .. .. 3,170 1,757 368 Acts of 1889 and 1908 .. 1890 to 30th June, 1912 .. 27,419 12,711 2,591 Act of 1911 .. .. 1st July, 1912, to 30th June, 1922 16,750 7,773 1,660 „ 1921-22 .. .. 1 at July, 1922, to 31st Deo., 1940 33,967 20,023 4,771 Grand totals .. j .. 84,131 43,060 9,964 . I

1938. 1939. 1940. Class 1. —Articles composed wholly of metal or in which metal predominates, 70 65 52 and jewellery Class 2.—Books and bookbinding of all materials .. .. .. .. 1 Class 3.—Articles composed wholly of wood, bone, ivory, papier mache, or 37 44 32 other solid substances not included in other classes, or of materials in which such substances predominate Class 4. —Articles composed wholly of glass, earthenware, or porcelain, clay 37 11 14 (burnt or baked), or cement, or in which such materials predominate Class 5.—Articles composed wholly of paper, cardboard, millboard, or straw- 5 6 4 board (except articles included in Class 2, and paperhangings), or in which such materials predominate Class 6.—Articles composed wholly of leather or in which leather predomi- .. .. 2 nates, not included in other classes Class 7. —Paperhangings Class 8.—Carpets, rugs, and floor-coverings in all materials Class 9. —Lace Class 10.—Boots and shoes .. .. .. .. .. .. 1 1 Class 11. —Millinery and wearing-apparel (except boots and shoes) .. 2 .. 4 Class 12. —Goods not included in other classes .. .. .. .. 6 8 Class 13. —Printed or woven designs on textile piece-goods (other than checks 1 1 or stripes) ■Class 14.—Printed or woven designs on handkerchiefs and shawls (other than checks or stripes) Class 15. —Printed or woven designs on textile piece-goods or on handker- 1 chiefs or shawls being checks or stripes 160 137 108

H.-10.

J.—Number of Applications for Registration of Trade-marks from Persons residing in New Zealand or Dependencies, etc., and in other Countries in each of the Years 1939 and 1940, together with the Average for the Years 1934—38 (inclusive).

11

Average ! I Average for 1939. 1940. ! for i 1939. 1940. 1934-38. 1934-38. New Zealand.. .. 405-8 334 287 Iraq .. .. 0-2 Australia .. .. 131 -4 86 86 Italy .. .. 1-6 Austria .. .. 0-2 .. .. Japan .. .. 2-0 Bahama Islands .. 0-4 .. .. Netherlands .. 0-2 Belgium .. .. 1-8 4 .. New South Wales .. 78-8 41 52 Canada .. .. 2-4 13 7 Northern Ireland .. 1-6 Canberra .. .. 0-2 1 .. Portugal .. 0-2 Columbia .. .. 0-2 .. .. Queensland.. .. 1-8 1 Cuba .. .. 0-4 1 .. South Australia .. 1-0 . . 4 Czechoslovakia .. 1-4 .. 1 Sweden .. .. 2-2 7 Denmark .. .. 0-4 1 .. Switzerland .. 1-8 1 21 Finland .. .. 1-2 .. .. Tasmania .. .. 0-6 France .. ..10-4 8 2 United States of Amer- 74-8 76 47 Germany .. 25 • 6 31 .. ica Great Britain .. 256-0 128 177 Victoria .. ..47-6 43 28 Hawaii .. .. .. 1 .. Western Australia .. 0-2 .. 2 Holland .. .. 2-6 2 .. Western Samoa .. 0-2 Hungary .. .. 0-2 .. .. Singapore .. .. 0-8 India .. . ■ 2-8

H.—lo.

K.—Number of Applications to register Trade-marks in the Fifty Different Classes in each of the Years 1939 and 1940, together with the Average for the Years 1934-38 (inclusive).

Approximate Cost of Paper.—Preparation, not given ; printing (505 copies), £22 10s.

By Authority: E. V. Paul, Government Printer, Wellington. —1941.

Price 6d.~l

12

Average [ Class, i Classification of Goods. for I 1939. 1940. 1934-38. I 1 Chemical substances used in manufactures, photography, or philosophical 46-6 31 29 research, and anti-corrosives 2 Chemical substances used for agricultural, horticultural, veterinary, and sanitary 35 • 6 27 43 purposes 3 Chemical substances prepared for use in medicine and pharmacy .. .. 111-8 72 103 4 Raw or partly prepared vegetable, animal, and mineral substances used in 7-0 9 8 manufactures not included in other classes 5 Unwrought and partly wrought metals used in manufacture .. .. 5-8 3 7 6 Machinery of all kinds, and parts of machinery, except agricultural and horti- 27-2 32 27 cultural machines included in Class 7 7 Agricultural and horticultural machinery, and parts of such machinery .. 6-6 15 2 8 Philosophical instruments, scientific instruments, and apparatus for useful 44-4 42 29 purposes ; instruments and apparatus for teaching 9 Musical instruments .. .. .. .. .. .. .. 5-6 2 3 10 Horological instruments .. .. .. .. .. .. 2-0 1 2 11 Instruments, apparatus, and contrivances, not medicated, for surgical or curative 12-8 11 12 purposes, or in relation to the health of men or animals 12 Cutlery and edge tools .. .. .. .. .. .. .. 9-2 10 1 13 Metal goods not included in other classes .. .. .. .. .. 33-4 36 17 14 Goods of precious motals (including aluminium, nickel, Brittania-metal, &c.), 2-4 3 6 and iewellery, and imitations of such goods and iewellery 15 Glass.'. . .. .. .. .. .. .. .. 4-6 3 1 16 Porcelain and earthenware .. .. .. .. .. .. 3'6 3 10 17 Manufactures from mineral and other substances for building or decoration .. 10-8 11 16 18 Engineering, architectural, and building contrivances .. .. .. 12-2 13 14 19 Arms, ammunition, and stores not included in Class 20 .. .. .. 0-4 20 Explosive substances .. .. .. .. .. .. .. 1-2 21 Naval architectural contrivances and naval equipment not included in Classes 0-4 19 and 20 22 Carriages .. .. .. .. .. .. .. .. 8-2 1 3 23 (a) Cotton-yarn; (b) sewing cotton .. .. .. .. .. 5-8 1 1 24 Cotton piece-goods of all kinds .. .. .. .. .. .. 18-8 11 14 25 Cotton goods not included in Classes 23, 24, and 38 .. .. .. 5-2 3 2 26 Linen and hemp yarn and thread .. .. .. .. .. 0'4 27 Linen and hemp piece-goods .. .. .. .. .. .. 1-4 .. 1 28 Linen and hemp goods not included in Classes 26, 27, and 50 .. .. 1-6 29 Jute yarns and tissues, and other articles made of jute not included in Class 50 0-2 30 Silk, spun, thrown, or sewing .. .. .. . . .. .. 1 • 6 31 Silk piece-goods .. .. .. .. .. .. .. 1-6 32 Other silk goods not included in Classes 30 and 31 .. .. .. 1-0 1 33 Yarns of wool, worsted, or hair .. .. .. .. .. .. 3'4 1 I 34 Cloths and stuffs of wool, worsted, or hair .. .. .. .. 5 • 6 3 1 35 Woollen and worsted and hair goods not included in Classes 33 and 34 ... 0 ■ 8 2 1 36 Carpets, floorcloths, and oilcloth.. .. .. .. .. .. 2-0 2 1 37 Leather, skins (unwrought and wrought), and articles made of leather not 4-2 2 1 included in other classes 38 Articles of clothing .. .. .. .. .. .. .. 84-6 65 48 39 Paper (except paperhangings), stationery, and bookbinding .. .. .. 32-4 18 15 40 Goods manufactured from indiarubber and guttapercha not included in other 11-6 14 10 classes 41 Eurniture and upholstery .. .. .. .. .. .. 4-2 6 1 42 Substances used as food or as ingredients in food .. .. .. .. 143'6 77 73 43 Eermented liquors and spirits .. .. .. .. .. .. 24'4 16 8 44 Mineral and aerated waters (natural and artificial), including ginger-beer .. 6'4 2 3 45 Tobacco, whether manufactured or unmanufactured .. .. .. 14'0 8 2 46 Seeds for agricultural and horticultural purposes .. .. .. .. 1-4 2 1 47 Candles, common soap, detergents; illuminating, heating, or lubricating oils; 40'0 21 14 matches ; and starch, blue, and other preparations for laundry purposes 48 Perfumery (including toilet articles, preparations for the teeth and hair, and 67 • 8 50 36 perfumed soap) 49 Games of all kinds, and sporting articles not included in other classes .. 11 2 5 15 50 Miscellaneous .. .. .. .. .. .. .. .. 56-0 59 43