• Patent fees

Fees associated with filing patent applications in New Zealand, as well as other patent fees, are available in the fee calculator.

• Term for filing a patent application in New Zealand

The term for filing patent applications in New Zealand claiming conventional priority is 12 months from the priority date. The restoration of a priority right may be possible in certain circumstances.

• Filing requierements in New Zealand

All documents must be filed either in English or Maori. However, if submitted in Maori, a verified English translation should be provided on the Commissioner’s request. Application materials that are not filed in English or Maori must be accompanied by a verified English translation at the time of filing.

To obtain the date of filing, the following documents are required:
- applicant’s and inventor’s details;
- if the applicant is not the inventor, an explanation of how the applicant obtained entitlement to the invention from the inventor(s);
- address for service in New Zealand or Australia and email address;
- full specification (including claims and drawings) and abstract;
- if the application claims conventional priority from an earlier application: confirmation that the NZ applicant is the applicant of the earlier application, or if not, confirmation that the NZ applicant has derived from the applicant of the basic application the right to claim priority from the earlier application;
- priority application number, country and filing date;
- filing fee.

A certified copy of the Priority Document and a verified English translation if the priority application is not in English are not required unless requested by the Commissioner.

No Power of Attorney is required unless requested by the Commissioner.

If the applicant is not the inventor, the Assignment Deed is not required.

• Examination of a patent application in New Zealand

In New Zealand, formal examination is carried out only as part of the substantive examination process. The substantive examination must be requested within two months of receiving a direction from the Commissioner to file a request or at the latest within five years of the filing date of the application.

• Novelty grace period

The novelty grace period constitutes 1 year prior to the filing date if:

- the disclosure occurred due to the unlawful obtainment of matter constituting an invention from the inventor or any other person who derived the information either from the inventor or any other person (entitled or not);
- the matter disclosed was in breach of confidence by a person who obtained the matter in confidence directly or indirectly from the inventor;
- the disclosure was made to a Department of Government or to a person authorised by the government to investigate the invention;
- the invention was publicly worked for the purpose of reasonable trial by the patentee or nominated person; any person from whom the patentee or nominated person derives title; any person with the consent of the patentee or nominated person; or any person with the consent of any person from whom the patentee or nominated person derives title.

Besides, the grace period of 1 year applies to the disclosures made on or after December 30, 2018 by:

- the patentee or nominated person;
- any person from whom the patentee or nominated person derives title;
- any person with the consent of any person from whom the patentee or nominated person derives title.

The application is subject to this provision if the evidence is filed before the start of the examination.

The 6-month novelty grace period applies when either of the following occurred:

- the display of the invention at a specified exhibition or the use of the invention for the purposes of a specified exhibition with the consent of the inventor;
- the use of the invention or publication of any description after the events referred to above.

• Grant, validity term and maintenance fees

There is no official grant fee in New Zealand. The validity of a patent is 20 years from the filing date provided that annual fees are duly paid. Annual fees are due each year starting from the 5th one and should be paid before the expiry of the 4th anniversary of the filing date. Annual fees cannot be paid more than 3 months before the due date. Late payment is possible within a six-month grace period by paying a corresponding surcharge.

• Duration of registration procedure 

The average processing time from filing to grant is 2-3 years.

• Utility Model 

There is no utility model protection in New Zealand.

• Representation by a patent attorney

For foreign patent applicants, it is necessary to perform patent prosecution in New Zealand using an agent - a registered New Zealand and Australian patent attorney.

•  Note

Online Database for New Zealand Patents Search.

Brief summary is based on the information provided by PIPERS on 23.02.2024
Please contact us if the above information is not in conformity with New Zealand IP Laws