Can the priority right of New Zealand invention patent application be restored?

Submitted by 页之码 on

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

专利申请流程

  • 6 months

  • no

  • 20 years

  • via Paris Convention : 6 months from earliest priority date.

  • Filing Language: English

    via Paris Convention via 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. Microorganism preservation certificate and its English translation
    3. Microorganism Survival Certificate and Its English Translation
    4. Power of Attorney
    5. inventor statement
    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. Entering the New Zealand national phase 19/28/34/41 Amendments
    4. Sequence Listing (PDF format and TXT format)
    5. Microorganism preservation certificate and its English translation
    6. Microorganism Survival Certificate and Its English Translation
    7. Power of Attorney
    8. inventor statement
    9. Declaration of Ownership/Certification of Employment/Assignment of priority
    10. Assignment for Patent Right Transfer
    11. translator statement
    • Licensing Fee: None.
    • Annuity: The patentee is required to renew the design registration within 6 months of the renewal due date. 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.
  • no

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