What are the patent application procedures in New Zealand?

1. Make it public. After a patent applicant submits a patent application, the patent applicant's patent specification can be published on the IPONZ official website for 18 months from the date of application. The examination report related to the application and the applicant's response will also be made public. Anyone who believes that the disclosed invention lacks novelty or inventive step may submit comments to IPONZ before the application is granted. Third party opinions will be considered during the IPONZ review process.

2. Request review. Generally speaking, an applicant for a New Zealand patent must request IPONZ for review within 5 years of submitting a complete specification. The Patent Commissioner may also instruct the applicant to request examination ex officio or at the request of a third party. After the patent applicant receives the instruction, the applicant must request examination within 2 months.

3. Search and review. IPONZ will first conduct a search before examination to ensure that the invention being patented is novel and creative.

4. Agree and dissent. Within 3 months after a New Zealand patent is published, anyone can submit a written notice of objection to IPONZ and explain the reasons. The applicant can also submit a defense opinion in this regard. The Patent Commissioner should make a final decision after a hearing. If you are dissatisfied with the Commissioner's decision, you may appeal to the High Court of New Zealand.

5. Authorization and renewal. If no one raises an objection within 3 months after the disclosure or the objection is not established, IPONZ will issue an authorization notice. The authorized patent is valid for 20 years, but after 3 years of patent authorization, a renewal fee must be paid every year for renewal. If payment is not made within 6 months of expiration, the patent authorization will become ineffective and the patentee may request to restore the authorized patent within the statutory period.