New Zealand National Phase
PCT National Phase Entry Deadline
The deadline for national phase entry into New Zealand is 31 months from the earliest priority claim whether or not International Preliminary Examination has been requested (Chapter II Application).
Minimum Filing Requirements for English Language PCT Applications
Information identifying the PCT Application, i.e. at a bare minimum the PCT number but preferably the WIPO publication number and/or a copy of the front page of the WIPO pamphlet. No Power of Attorney is required for me to represent your client before the New Zealand Patent Office and there are no declarations that have to be signed by the inventor. In my capacity as a New Zealand patent attorney I can sign all necessary documentation on your behalf.
For the costs and procedures associated with National Phase in New Zealand a flowchart is available here.
If the PCT application and the pamphlet are in a language other than English then a copy, certified by its translator as a true and complete translation, must be lodged with IPONZ by the national phase entry deadline.
If the priority document is in a language other than English then a certified English language translation of the priority document may be requested by the Examiner during examination. This happens if a validity-related issue arises during examination in which the determination of the correct priority date becomes important. At least three months are usually provided to supply the certified translation.
A patent application will not meet the New Zealand novelty requirements if the invention was used, displayed or otherwise made available in New Zealand, or described in any document that was publicly available in New Zealand, before the earliest priority date.
No Grace Period
There is no general grace period for prior disclosures made by the inventor, or the inventor's successor in title, such as there is in Australia for example. However, in certain circumstances, such as where there has been reasonable trial, or a display in certified exhibitions, it may still be possible to obtain valid patent rights in New Zealand, so long as an application is lodged within the prescribed time limits.
No Request for Examination
Examination is automatic in New Zealand.
Term and Renewal
The term of a New Zealand Patent is twenty years from its filing date, or international filing date where national phase has been entered.
After a patent has been granted, renewal fees are payable on
the 4th, 7th, 10th and 13th anniversaries of the filing date (or
international filing date). Up to six months extension of time is
available for late payment of renewals. If the patent has not
granted prior to the 4th anniversary then that renewal will be
payable within three months subsequent to grant.
This webpage is meant to provide general background information only about New Zealand patent practice. If you have a specific problem then please contact me.