The new New Zealand Patents Act

The new New Zealand Patents Act (the 2013 Act) will come into full force this Saturday!  After over 60 years, the 1953 Patents Act will be superseded, although its ghost will continue to linger for some time under the transitional provisions.

If you haven’t already, file your NZ patent application right now so that it will be examined under the more lenient 1953 Patents Act! 

If you haven’t already, consider paying all of the renewal fees for your granted NZ patent right now!

The official fees payable to the Intellectual Property Office of New Zealand (IPONZ) will be slightly different under the 2013 Act.  The differences between the most commonly paid official fees pre- and post-Saturday are set out below (in $NZ).

Filing a complete application: $250 (was $250)

Filing a Convention/PCT application: $250 (was $250)

Requesting examination: $500 (new fee)

Amending the specification: $150 (only if outside of examination, was $60)

A significant change in practice is that renewal fees under the 2013 Act will be due annually from the 4th anniversary of the filing date, and will also be payable for patent applications proceeding under the 2013 Act.  The renewal fees are NZ$100 for the 4th to 9th anniversaries, NZ$200 for the 10th to 14th anniversaries and NZ$350 for the 15th to 19th anniversaries.

IPONZ has provided a useful summary of the transitional provisions between the 1953 and 2013 Acts, see: http://www.iponz.govt.nz/cms/patents/patents-act-2013/transitional-provisions.

The transitional provisions regarding renewal fees for applications filed under the 1953 Act are relatively complicated – please feel free to contact me with any specific questions you may have.

Posted on September 10, 2014 .