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bear a date subsequent to the publication of the invention therein. For these reasons, therefore, it is not thought that the " date of conception " should be accepted in New Zealand, particularly if the suggestions made in paragraphs 55, 56, and 57 hereof are adopted. THIRD-PARTY RIGHTS 59. The Swan Committee paid considerable attention to this matter : see paragraphs 44 to 55 of the final report. The protection of the interests of third parties who may have innocently used rights which had temporarily lapsed or otherwise been extinguished may assume considerable importance, and it was the intention of the Swan Committee to define a standard form of protection of the rights of third parties which would be appropriate where patents have been restored (a) after having lapsed due to the unintentional failure of the patentee to pay the requisite renewal fees, or (b) after the original grant had expired before an extension of the term of the patent had been made under the section in the British Act equivalent to section 20 of the Patents, Designs, and Trade-marks Act, 1921-22 (as amended). 60. The standard formula proposed by the Swan Committee is set out in the Schedule to paragraph 55 of the final report, and is as follows (i) In so far as the complete specification of the patent claims an article (other than an apparatus, machine or plant or part thereof as specified under head (ii) hereof) and any article so claimed has been manufactured by the third party during the interim period hereinafter defined, that particular article may at all times be used or sold. (ii) In so far as the complete specification claims some apparatus, machine or plant or part thereof for the production or supply of an article or service, then any particular apparatus, machine or plant or part thereof so claimed which has been manufactured or installed by the third party during the interim period hereinafter defined and the products thereof may at all times be used or sold and in the event of any such apparatus, machine or plant or part thereof being impaired by wear or tear or accidently destroyed, a like licence shall extend to any replacement thereof and to the products of such replacement. (iii) In so far as the complete specification claims any process for the making or treating of any article, any particular apparatus, machine or plant which during the interim period hereinafter defined has been manufactured or installed by the third party or exclusively or mainly used by him for carrying on such process may at all times be so used or continue to be so used and the products thereof may at all times be used or sold and in the event of such apparatus, machine or plant being impaired by wear or tear or accidentally destroyed, a like licence shall extend to such process when carried on in any replacement of such apparatus, machine or plant and to the products of the process so carried on. And it is declared that in the foregoing proviso (a) the word " article " shall be deemed to include any substance, material, apparatus, arrangement, machine or plant and (b) the " interim period" means the period between the date of the expiry of the said patent and the date of this Order. 61. So far as the restoration of patents under the British Act of 1949 is concerned, the conditions as proposed by the Swan Committee appear to have been substantially accepted : see Patent Regulation 84 under the aforesaid Act. We think that the provisions of the British Act of 1949 should be adopted, but that conditions similar to those set out in British Patent Regulation 84 should also apply (mutatis mutandis) to those cases which have been allowed to proceed to acceptance under the provisions of 'section 4of the Patents, Designs, and Trade-marks Amendment Act, 1924. Section 4 in this Act has no equivalent in Great Britain, and provides that in those cases in which, owing to inadvertence on the part of the applicant, his application has not been accepted within the prescribed time, he can make application for the late acceptance thereof subject to the conditions and restrictions imposed under the said Act or regulations. These conditions, we think, should be standardized to comply with British Patent Regulation 84.

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