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New Zealand patent system gets a shakeup

New Zealand patent system gets a shakeup

New provisions according to the New Zealand patent statue it take effect for new New Zealand cases filed after 14 September 2014.

Changes come into effect for new New Zealand cases filed after 14 September 2014

The new provisions seek to modernise the New Zealand patent system, bringing the patent system into harmony with other patent jurisdictions around the world.

The first noticeable change expands the publication prior art base beyond publications only available in New Zealand. Now examiners can consider publications available in any country around the world.

Furthermore, previously in New Zealand, claimed invention is were examined for novelty only. Now examiners are able to raise objections relating to lack of inventive step.

Changes relate to the prior art base, obviousness, examination procedure and renewals

Also, in New Zealand, examination took place automatically and it was not unusual to receive a first examination report within a few days of having filed a New Zealand patent application. Now, the examination procedure will be changed such that examination must be requested. Relatedly, re-examination procedure will also be introduced.

Finally, changes relates to the payment of maintenance fees which were previously payable on the 4th, 7th, 10th and 13th anniversary, now become payable annually.

BaxterIP patent attorneys comprise dual Australian and New Zealand patent attorney qualifications are therefore qualified to file and prosecute patent applications in both New Zealand and Australia. If you have any questions about obtaining enforceable patent protection in New Zealand, please feel free to give us a call.