Guide for New Zealand Patent Application Process

Patent Trademark

New Zealand Profile

New Zealand is an island country in the Southwest Pacific Ocean. The country consists geographically of two main landmass, the northern and southern islands, and many smaller islands. New Zealand is about 1,500 kilometers (900 miles) east of Australia, across the Tasman Sea and about 1,000 kilometers (600 miles) Read more

New Zealand Profile

New Zealand is an island country in the Southwest Pacific Ocean. The country consists geographically of two main landmass, the northern and southern islands, and many smaller islands. New Zealand is about 1,500 kilometers (900 miles) east of Australia, across the Tasman Sea and about 1,000 kilometers (600 miles) south of the Pacific island nations of New Caledonia, Fiji and Tonga.

New Zealand Intellectual Property Legal System

  • "trademark law"
  • Trade Marks Ordinance
  • Copyright Act
  • "Copyright Ordinance"
  • "Designs Act"
  • "Designs Regulations"
  • "Patent Law"
  • "Patent Rules"
  • "Plant Variety Protection Law"

International Organization/Agreement

  • Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • Singapore Treaty on the Law of Trademarks
  • Patent Cooperation Treaty
  • "Convention Establishing the World Intellectual Property Organization"
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • Madrid Agreement for the Repression of False or Deceptive Indications of Origin of Goods
  • Paris Convention for the Protection of Industrial Property
  • Berne Convention for the Protection of Literary and Artistic Works
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Filing Language
English

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Intellectual Property Office of New Zealand

English: Intellectual Property Office of New Zealand, abbreviation: IPONZ

Website: Intellectual Property Office of New Zealand (iponz.govt.nz)

New Zealand invention patent search: Search Patent case(s) (iponz.govt.nz)

  • New Zealand's patents can be found in the Australian Patent Office system, and agents between the two countries can also represent each other's patent applications:
    • 【NZ】+【4-digit AD Year】+【7-digit patent application serial number】

Filing Language: English

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and English Translation
  3. Viability Statement of Microorganism and English Translation
  4. Power of Attorney
  5. Declaration of Inventorship
  6. Scanned Copy of Certified Priority Document / DAS
  7. Declaration of Ownership/Certification of Employment/Assignment of Priority
  8. Assignment for Patent Right Transfer
  9. Notification issued by CNIPA notify the applicant the application has passed through the security review.
  10. Translator Statement

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and English Translation
  6. Viability Statement of Microorganism and English Translation
  7. Power of Attorney
  8. Declaration of Inventorship
  9. Declaration of Ownership/Certification of Employment/Assignment of Priority
  10. Assignment for Patent Right Transfer
  11. Translator Statement

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 31 months from earliest priority date.

IPONZ conducts formality examination and substantive examination of invention patent applications. The applicant/anyone can file a request for substantive examination no later than 5 years from the filing date. The substantive review cannot be carried out until the 5-year period expires if the application enters into the NZ national phase earlier and files the request for substantive examination at the time of the national phase entry. 

The novelty grace period of the year preceding the filing date/priority right is granted if:

  • The disclosure was caused by a third party illegally obtaining patent information
  • The disclosure resulted from a breach of confidentiality by a person who obtained the patent information directly or indirectly from the applicant
  • The disclosure was made by a government agency or a person authorized by a government in the investigation of an invention
  • Disclosure results from a public exercise of reasonableness by the patentee or designee, the original owner of both, or a person with the consent of one of the foregoing
  • A one-year novelty grace period if the evidence is submitted prior to review if the first disclosure was made after December 30, 2018, by:
    • patentee or designee
    • Original right holder of the patentee or designee
    • A person with the consent of the original right holder of the patentee or designee

A novelty grace period of 6 months is available if:

  • With the consent of the inventor, the invention is exhibited at a specific exhibition or used for the exhibition
  • Use or disclose inventions after the above exhibitions

2-4 years

  • Grant Fee: None.
  • Annuity: Annuity should be paid year by year from the 4th year of the filing date, the applicant should pay the annuity within 3 months before the due date. If overdue, the annuity can be paid within a grace period of 6 months and the penalty should be paid at the same time.

Reinstatement of priority on grounds of "due care" and "unintentional/due care" is accepted.

Yes

No

Name of Patent Office

Intellectual Property Office of New Zealand

English: Intellectual Property Office of New Zealand, abbreviation: IPONZ

Website: Intellectual Property Office of New Zealand (iponz.govt.nz)

New Zealand Design Patent Search: Search Design case(s) (iponz.govt.nz)

  • New Zealand's patents can be found in the Australian Patent Office system, and agents between the two countries can also represent each other's patent applications:
    • 【NZ】+【4-digit AD Year】+【7-digit patent application serial number】

Filing Language: English

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of inventorship
  4. Declaration of Ownership/Certification of Employment/Assignment of Priority
  5. Assignment for Patent Right Transfer
  6. Translator Statement

10 years

via Paris Convention : 6 months from earliest priority date.

IPONZ conducts formality and substantive examinations of designs application. IPONZ automatically starts the substantive examination within 15 days of receiving the design application, no need for the applicant to file a separate request, the applicant has 12 months (can be extended up to 3 months) to overcome the defect to meet the grant requirements. IPONZ only examines novelty of design application. Designs can only be transferred to others after granted.

Designs are entitled to a novelty grace period of 6 months from the filing date/priority date if:

  • If a third party maliciously discloses the New Zealand application within 6 months of the filing date/priority date, making the design available to the public
  • If a design application is made for a new or original textile product, the first confidential order does not affect the novelty of the application
  • For example, when the design is disclosed to the government to assess the merits of the design
  • If submitted within 6 months after the opening of the officially recognized exhibition

  • Grant Fee: None.
  • Annuity: The patentee is required to renew the design registration within 6 months of the due date. If overdue, the annuity can be paid within a grace period of 6 months and the penalty should be paid at the same time.

6 months

No

No

Multiple designs are allowed in one design application only if the designs belong to the same set (Usually the designs are used or sold at the same time).

发明专利、实用新型及外观设计进入国家申请流程
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