• Patent fees

Fees associated with the New Zealand PCT national phase entry as well as other patent fees are available in the fee calculator.

• Deadline for PCT national phase entry in New Zealand

The term for New Zealand national phase entry is 31 months from the date of priority. The restoration of this term is possible. A request for late entry should be made as soon as possible after the 31-month deadline date and should be accompanied by supporting evidence in the form of a statutory declaration or affidavit. The declaration or affidavit should provide a full explanation of the events which led to the failure to meet the prescribed time limits. Requests for late entry must establish that failure to enter the national phase within the prescribed time was unintentional and that no undue delay has occurred in making the late entry application.

• Filing requierements in New Zealand

A verified English translation of the PCT specification must be filed within three months of the national phase entry date if the PCT specification was not published in English. The said term may be extended by up to 2 months.

To obtain the date of filing, a PCT national phase entry application must contain:
- international application materials (PCT application or WO publication number);
- if the applicant is not the inventor, an explanation of how the applicant obtained entitlement to the invention from the inventor(s);
- if the PCT application claims priority from an earlier application: confirmation that the PCT applicant was the applicant of the earlier application, or if not, confirmation that the PCT applicant has derived from the applicant of the priority application the right to claim priority from the priority application;
- an indication of whether the PCT application entered Chapter II of the PCT, and if any Article 19 or 34 amendments were made;
- 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 PCT national phase 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 international filing date.

• Novelty grace period

The novelty grace period constitutes 1 year prior to the international 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 international 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 international 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 PCT national entry 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 PCT national phase entry in New Zealand using an agent - a registered New Zealand and Australian patent attorney.

•  Note

Online database for New Zealand Patents.

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