Description of New Zealand Design Authorization and Annual Fee

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.

2-4 years

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

yes

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

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.

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

• 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.

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

• 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.