New Zealand Chapter of Global Patent GO——Introduction to Patent Application in New Zealand

100% Pure New Zealand

When it comes to the world's best blockbuster filming locations, it's New Zealand. "The Hobbit" was filmed in New Zealand for 4 years, "King Kong", "Lord of the Rings" and "Avatar"... Even "The Last Samurai", which played a Japanese samurai, was filmed in New Zealand. The Mount Fuji in the movie is actually a tower in New Zealand Mount Lanaki. New Zealand has a beautiful environment, fresh air, rich marine resources, and an excellent ecological environment. There are natural pastures and farms all over the country. In the United Nations Development Program's Human Development Index report, New Zealand once ranked third, and it is one of the few developed countries in the southern hemisphere. In the past 20 years, New Zealand has successfully transformed from an agricultural-based economy to an industrialized free market economy with international competitiveness. Agriculture is highly mechanized, and a large amount of agricultural, forestry and animal husbandry is processed for industrial export. In recent years, New Zealand has successively established steelmaking, Oil refining, agricultural aircraft manufacturing and other heavy industries. The World Bank ranks New Zealand as one of the easiest countries in the world to do business in.

The relationship between China and New Zealand can be traced back to 1860, when a Chinese from Guangdong Province became the first Chinese to arrive in New Zealand. The free trade agreement signed by China and New Zealand in 2004 has brought the bilateral trade volume between the two countries to US$18.1 billion in 2020. China has been New Zealand's largest trading partner for many years.

As an island country with an area of only 270,000 square kilometers and a population of only 5.11 million in the southwest Pacific Ocean, New Zealand seems to have no sense of existence, but because of its good business environment and friendly economic policies, New Zealand has become the target country chosen by many international companies Therefore, obtaining the necessary intellectual property protection in New Zealand has become the content that all enterprises need to understand. Today, we will take a look at New Zealand's patent system.
New Zealand patent overview

1. Types of patent protection in New Zealand

Inventions, Designs.

2. Paths for Chinese applicants to apply for patents in New Zealand

Paris Convention, via Nationalization of PCT to New Zealand national phase, direct application.

3. Review unit

The Intellectual Property Office of New Zealand, IPONZ, is part of the Ministry of Business, Innovation and Employment. It was established in 1870 and is responsible for examining patents, trademarks, designs and new plant varieties, and helping New Zealand and other companies to maintain their intellectual property rights in New Zealand.

4. Submit your application

1) Time limit requirement: IPONZ accepts the restoration of the priority right. If the PCT application misses the 31-month entry period, a statutory declaration or affidavit can be submitted to prove that the missed time is caused by unconsciousness and the right can be restored.

2) Submit application: paper or electronic submission. In July 2021, the New Zealand Intellectual Property Office has improved its website and online case management tools, with a more simplified and friendly interface to improve customer experience.

3) Language of submission: English or Māori. For non-English patent applications entered into the New Zealand national phase by PCT applications, certified English translations or amendments are required.

5. Formal examination, disclosure and granted

Invention patents are published within 18 months from the filing date/priority date, and anyone can submit a substantive examination request to IPONZ within 5 years from the filing date/priority date, and IPONZ generally issues the first review notice within 6 months The granted procedure must be completed within 12 months after the first Office Action is issued, and all issues in the Office Action must be resolved within 12 months. If the granted conditions are met, the patent application will be published, and if there is no objection within 3 months, a patent certificate will be issued. Any person may file a revocation request for the granted procedure. IPONZ does not charge licensing fees. The average granted time is 2-3 years.

Advantages of New Zealand patent application

1. New Zealand patents have a grace period of 12 months without loss of novelty.

2. New Zealand protects intellectual property rights through three ways: civil, criminal and border control, and provides rights holders with a wide range of civil remedies, including damages, injunctions, orders for profit distribution, and orders to provide infringing goods to rights holders.

3. An attorney with the qualification of an Australian patent attorney also naturally has the qualification of a New Zealand patent attorney and can practice directly in New Zealand.

Friendliness to Chinese applicants:

★★★★★

Gold content of patent rights:

★★★★

The degree of perfection of the rights protection mechanism:

★★★★