PATENTS IN NEW ZEALAND

Filing

One way for applicants from other countries to obtain patent protection in New Zealand is through an International Application under the Patent Co-operation Treaty (PCT) followed by National Phase Entry in New Zealand. Other ways are to file a Convention application, or a non-Convention application.

The deadline for National Phase Entry in New Zealand is 31 months from the earliest priority date. If the International Patent Application was filed in English, all that we need for National Phase Entry is the number of the International Application or the International Publication number. If the applicant is someone other than the inventor, we need details of how the applicant is entitled to the invention.

If the International Patent Application was filed in a language other than English, we will also need a verified English translation of the patent specification and of amendments made during the International Phase (if any).

For a Convention application, where priority is to be claimed from an earlier application filed in a country which is a member of the Paris Convention for the Protection of Industrial Property, the New Zealand application must be filed within 12 months of the earliest priority date.

To file a Convention or non-Convention application, we need the full name and address and nationality of the applicant(s), the full name(s) and address(es) of the inventors, and the patent specification in the English language. If priority is to be claimed, we require the country, application number, applicant name and filing date of the application from which priority is claimed. If the applicant is someone other than the inventor, we need details of how the applicant is entitled to the invention.

We do not require a power of attorney or appointment of agent form. We do not require a copy or translation of the priority application unless the Patent Office specifically requests one.

Examination

Examination of a standard patent application can be requested at the time of filing or national phase entry. If examination is not requested at that time, it must be requested within 5 years from the filing date or 2 months from the Patent Office issuing a Direction to Request Examination, whichever occurs earlier.

Renewals

Annual renewal fees (called continuation fees if they fall due before a patent has been granted) are due before each anniversary of the PCT filing date (for national phase entry applications) or the New Zealand filing date (for Convention or non-Convention applications), starting from the 4th anniversary.

The standard term of a New Zealand patent application is 20 years.