Features of New Zealand design patent application process

Submitted by 页之码 on

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.

专利申请流程

NZ New Zealand

  • New Zealand invention patent application novelty grace period

    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

  • Whether the New Zealand invention patent application can be type-converted

    no

  • Which is the competent authority for invention patent applications in New Zealand?

    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)

  • What are the requirements for the New Zealand invention patent application documents

    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

  • Features of New Zealand design patent application process

    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.

  • Whether a New Zealand industrial design application can apply for a combined appearance

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

  • Is a New Zealand industrial design application eligible for DAS?

    no

  • Novelty grace period for industrial design applications in New Zealand

    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

  • New Zealand Invention Patent Application Authorization and Annual Fee Instructions

    • 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.

  • Description of New Zealand Design Authorization and Annual Fee

    • 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.