Patents Laws in New Zealand
Here’s a detailed overview of patent laws in New Zealand:
🇳🇿 Patent Laws in New Zealand
1. Governing Legislation
Patents in New Zealand are governed by the Patents Act 2013, which modernized and replaced the previous 1953 Act.
The Intellectual Property Office of New Zealand (IPONZ) administers patents.
2. Patentability Criteria
To be patentable, an invention must be:
New: Not publicly disclosed anywhere in the world before the filing date.
Inventive: Must involve an inventive step, meaning it is not obvious to a person skilled in the relevant art.
Useful: Must have industrial or practical applicability.
Non-patentable subject matter includes:
Discoveries, scientific theories, and mathematical methods.
Business methods “as such” (though some business-related inventions may be patentable if they have a technical aspect).
Aesthetic creations.
Methods of medical treatment or diagnosis.
Software “as such” (but software with a technical contribution can be patentable).
3. Patent Types
Standard Patents: Term of 20 years from the filing date.
Innovation Patents: New Zealand does not currently have a separate innovation patent system (it was abolished in 2014).
4. Filing and Examination Process
Applications are filed with IPONZ.
Applicants can file directly or via the Patent Cooperation Treaty (PCT) route.
The system is “examination on request” — applicants must request substantive examination within 6 months of acceptance to move forward.
If no examination request is made, the patent will not proceed to grant.
The patent office conducts a formalities check and substantive examination.
5. Patent Term and Renewal Fees
Standard patents last 20 years from the filing date.
Annual renewal fees start from the 4th year after filing.
Failure to pay renewal fees results in patent lapse.
6. Enforcement
Patent infringement is enforced through the New Zealand courts.
Remedies include injunctions, damages, and account of profits.
Criminal sanctions may apply in cases of willful infringement.
7. Language
Applications must be filed in English.
8. International Treaties
New Zealand is a member of:
The Patent Cooperation Treaty (PCT)
The Paris Convention
The World Trade Organization’s TRIPS Agreement
Additional Notes:
New Zealand has a grace period of 12 months for disclosures made by the inventor or with their consent before filing.
IPONZ offers an online filing system for patent applications.
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