Time and cost of applying for invention patent in New Zealand

There are two types of patent applications in New Zealand: invention and design. For invention patent applications, the time required varies depending on the technical field, with some technical fields, such as chemistry or biotechnology, experiencing a significant backlog. Generally speaking, it takes about three years for a patent for a mechanical invention to be granted from the date the examination request is submitted. For invention patents in other technical fields, it can usually take four to five years. However, if a request is made through the Global Patent Prosecution Highway (PPH), the examination time can be significantly shortened. Generally, after the PPH is approved, the first examination action will be received within two months, allowing the patent to be granted in less than two years.

IPONZ has signed bilateral PPH agreements with several countries. In addition to these agreements, accelerated examination requests can also be made for commercial reasons, such as when an applicant discovers potential infringing activity or there is a credible likelihood of economic loss or commercial disadvantage resulting from a patent examination delay. For commercial reasons, requests for accelerated examination must be based on sufficient and legitimate grounds and must be supported by evidence in the form of a statutory declaration or affidavit.

There is no additional official fee for requesting accelerated examination through any of the above channels.