Features of New Zealand invention patent application process

Submitted by 页之码 on

IPONZ conducts formality examination and substantive examination of invention patent applications. The applicant/anyone can submit a request for substantive examination no later than 5 years from the date of application. If there is a request for review, the substantive review cannot be carried out until the 5-year period expires.

专利申请流程

  • IPONZ conducts formality examination and substantive examination of invention patent applications. The applicant/anyone can submit a request for substantive examination no later than 5 years from the date of application. If there is a request for review, the substantive review cannot be carried out until the 5-year period expires.

    • Authorization Fee: There is no granted fee.
    • Annuity: pay year by year from the 4th year of the application date, the applicant should pay within 3 months before the annual annual fee is due, if the annual fee is overdue, it can be paid within a grace period of 6 months, and the penalty should be paid at the same time.
  • Filing Language: English

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    Attachments (if any):

    1. Power of Attorney
    2. Certified Priority Document
    3. inventor statement
    4. Declaration of Ownership/Certification of Employment/Assignment of priority
    5. Assignment for Patent Right Transfer
    6. translator statement
  • IPONZ conducts formal and substantive examinations of designs. IPONZ automatically starts the substantive examination within 15 days of receiving the design application, no need for the applicant to submit a specific request separately, the applicant has 12 months (can be extended up to 3 months) to overcome the defect to meet the grant conditions, IPONZ only examines Novelty of exterior design. Designs can only be transferred to others after they have been granted a patent.

  • no

  • 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
  • 10 years

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

    • via Paris Convention : 12 months from earliest priority date.
    • via Nationalization of PCT : 31 months from earliest priority date.
  • via Paris Convention : 6 months from earliest priority date.