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New Zealand Patents

New Zealand Patent Filing Requirements

Summary
  • The term is 20 years from the date of filing.
  • Absolute (universal) novelty requirement.
  • Inventive step required.
  • Examination must be requested within two months from a direction to do so or within five years after filing, whichever is earlier
  • Combined search and substantive examination before grant.
  • Opposition to grant by third-parties.
  • Post-grant re-examination.
  • Annual renewals, commencing on fourth anniversary of filing date
  • Marking optional.
  • Infringement and revocation proceedings may be taken in a court of law only.
  • New Zealand patents also effective in Cook Islands, Niue and Tokelau.


A. Commencing the national phase of an international application

  • Minimum filing requirements for urgent filing
  • No forms are required to be signed before filing in Australia.
  • PCT application number or WO publication number.
  • Verified English translation of the PCT specification, if in another language.
  • Additional requirements (can be provided following filing)
  • Copies of the Request, PCT specification, ISR, IPER and Article 19 or 34 amendments.
  • Explanation of how the applicant obtained entitlement to the invention (e.g. by assignment or contract of employment).
  • If the PCT application claims priority form an earlier application, confirmation that the PCT applicant was the applicant of the earlier application and if not, an explanation of how the PCT applicant derived the right to claim priority from the earlier application.
  • For reliance on deposits made under the provisions of the Budapest Treaty:
  • Copies of filing receipts and verified translations thereof if not in English.
  • Explanation of how the applicant obtained entitlement to rely on the deposits if the applicant is not the depositor.

 

B. Filing an application for a convention or non-convention application

  • Minimum filing requirements
  • Full name, nationality and address of the applicant.
  • Copy of the specification, claims, abstract (in English) and drawings (a facsimile copy is acceptable).
  • Particulars of each basic application (for Convention applications). Additional requirements (can be provided following filing).
  • Full name, address and nationality of each inventor.
  • Explanation of how the applicant obtained entitlement to the invention (e.g. by assignment or contract of employment).
  • A certified copy of each basic application (if Convention priority is claimed) and verified English translation (if not in English).
  • For reliance on deposits made under the provisions of the Budapest Treaty:
  • Copies of filing receipts and verified translations thereof if not in English.
  • Explanation of how the applicant obtained entitlement to rely on the deposits if the applicant is not the depositor.

 

 

New Zealand Patent Registration

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