PATENT FILING IN NEW ZEALAND

The first Patent Act was passed in New Zealand in 1860. A Patent Office was established within the Colonial Secretary’s Office in 1870, which came under the department of justice in 1883. With the urge of globalization, New Zealand became a member of the Patent Cooperation Treaty (PCT). The legislation of New Zealand has encouraged creativity, innovation and enterprise by making the necessary amendments in patent filing process to make it streamlined. For the Patent Office to work efficiently, it came under the control of the Ministry of Commerce in 1995. Since then, New Zealand has witnessed some tremendous rise in patent applications.GPF can assist in efficiently and promptly filing of patent applications. GPF along with Khurana and Khurana, Advocates and IP Attorneys  (K&K) has tremendous experience in dealing with Patent Filing/Prosecution as per New Zealand’s Patent Laws, and can assist in hand-holding through the complete prosecution lifecycle of a Patent.

High Level Cost Estimate for Filing
Description
Price
Official Fee
$172.65
Attorney Fee
$ 907.13
Total
$ 1,079.78
Documents Required
  • English Translation of the Priority/PCT Document.
  • Declaration to be executed by the Applicant.
Filing to Grant Procedure
1
STEP 1 : FILING

A patent application can be filed in New Zealand as any of the following applications in English:

  • Paris convention based national entry.

  • PCT national phase based national entry.

2
STEP 2 : PUBLICATION

Ordinarily, publication is done within 18 months of the priority date. By paying additional fee, an early publication can also be performed if requested.

 

3
STEP 3 : EXAMINATION

Request for examination has to be made within 60 months from the international filing (PCT’s) or from the national filing date (priority or not).

4
STEP 4 : PROSECUTION

At the time of examination, the Patent Office will issue the Examination Report (FER) / Office Action with a set of objections/requirements response to which must be filed within 6 months from the date of issue of the FER. Further Examination Reports will have a deadline of 3 months from the issue of the report.

5
STEP 5 : GRANT

Annuity for 4’th year onwards is to be paid after grant of the Patent. Protection of the Patent is for 20 years from the International Filing Date.