Patent

New Zealand

BASIC FACTS

Patent Protected
Product Patent and Process Patent
Patentable Inventions as per Patent Act
Synergistic combination of known features; commercially useful business methods that create an artificially produced state of affairs and involve the essential use of a tangible apparatus; selection inventions; software; artifically produced plants, anima
Inventions not Patentable
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Non-Convention Application
Yes
Convention Application
Yes
PCT National Phase Application
Yes
Divisional Application
Yes
Patent of Addition
Yes
Patent of Importation (Patent of Introduction)
No
Others
Cognate Applications - applications for related or connected inventions can be combined into one patent application.
Utility Model Protection is provided under Patent
No
Type of Application
N/A
Time Period
31 Months
Extended Deadline
N/A
Patent of Invention
20 Years
Utility Model Patent
N/A
Design Patent
N/A
Extension of Foreign Patent
N/A
Exceptions (e.g. Pharmaceutical Patents)
N/A

PROSECUTION

Basic Number of Pages
N/A
Basic Number of Claims
N/A
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
N/A
Types of Claims
Product-by-process; Omnibus claim allowed provided that features of the omnibus claim can be identified; Swiss claims; Software claims, provided they result in a practical commercial benefit
Invention Specification
N/A
Language of Specification
English
Translation required
Yes
Due date to file the translation
3 Months
Power of Attorney (In case of individual applicant, copy of passport is required)
No
Deed of Assignment
No
Priority Document, with required translation
Certified
Incorporation Certificate, with required translation
No
Home / Foreign Registration Certificate, with required translation
Certified
International Search Report (ISR), in case of PCT
No
International Preliminary Examination Report (IPEA), in case of PCT
No
Declaration of Ownership
No
Declaration of Nationality
No
Copy of Inventor's Passport
No
Other Documents
Notice of Entitlement (stating the grounds on which the nominated person is entitled to grant of the invention) must be filed before acceptance of the application.
Applicability of Examination
N/A
Time of Examination
N/A
Time Frame from the Date of Application
N/A
Deadline to File the Reply
N/A
Permissible Extension to File the Reply
N/A
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Examination
Mandatory
Time of Examination
Post-Publication
Time Frame from the Date of Application
Within 5 Years from Date of filing complete specification/ international filing date, or within 2 Months of receiving Examination Direction (whichever is earlier).
Deadline to File the Reply
6 -12 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
3 Months (discretionary)
Time Frame for Issuance of Decision
N/A
Applicability of Examination
Yes
Time of Examination
Post-Publication
Time Frame from the Date of Application
N/A
Deadline to File the Reply
N/A
Permissible Extension to File the Reply
N/A
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
N/A
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
N/A

OPPOSITION

Applicability of Opposition
Yes