New Zealand
Patents
International Agreements | Patent Cooperation Treaty (PCT) (from 1 December 1992). Paris Convention (from 29 July 1931). Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) (from 1 January 1995). |
Patent Authority | Intellectual Property Office of New Zealand (IPONZ) |
Types of Patents/Applications Available |
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PCT National Phase Entry Deadline: | Thirty-one (31) months from the earliest claimed priority date. |
Patentability Requirements |
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Non-Patentable Subject Matter |
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Filing Requirements |
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Grace Period for Disclosure | Twelve (12) months prior to filing of the Application if the disclosure was an unauthorised disclosure, or as a result of a reasonable trial of the invention. Six (6) months if the disclosure was at a prescribed exhibition. |
Patent Term | A Standard Patent is protected for twenty (20) years from the date of filing. |
Search and Examination |
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Duty of Disclosure |
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Third Party Observations and Oppositions | Pre-acceptance – s90 and s91 observations. Post-acceptance and pre-grant – s87, s92 and s93 opposition. Post-acceptance – s94 to s100 re-examination. Post-grant – s112 to s114 revocation. |
Patent Term Extension Provisions | Not available. |
Restoration Provisions | Available under specific circumstances. |
Renewals |
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General |
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Trade Marks
International Agreements | Paris Convention for the Protection of Industrial Property (as amended on 28 September 1979). Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (as amended on 28 September 1979). Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) (from 1 January 1995). Singapore Treaty on the Law of Trademarks (2006). Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (as amended on 12 November 2007). Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods. |
Trade Mark Authority | Intellectual Property Office of New Zealand (IPONZ) |
Types of Trade Marks Available |
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Non-Traditional Trade Marks Available |
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Paris Convention Deadline: | Six (6) months from the earliest claimed priority date. |
Provisions for Filing of Multi-Class Applications | Yes. |
Excess Goods/Services Fee | No. |
Registrable Trade Marks |
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Non-Registrable Trade Marks |
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Filing Requirements |
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Initial Trade Mark Term | A Trade Mark is protected for ten (10) years from the date of filing, and is renewable every ten (10) years thereafter. |
Search and Examination |
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Amendment of Goods and Services |
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Third Party Oppositions and Applications |
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Restoration Provisions |
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Renewals |
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General | There is no need for a Power of Attorney or Authorisation of Agent to support the filing of an Application, but an Authorisation of Agent may be needed to assume responsibility for an existing Application/Registration. |
Designs
International Agreements | Paris Convention for the Protection of Industrial Property (as amended on 28 September 1979). Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) (from 1 January 1995) Locarno Agreement Establishing an International Classification for Industrial Designs (as amended on September 28, 1979). |
Design Authority | Intellectual Property Office of New Zealand (IPONZ) |
Types of Designs Available | Single Designs. |
Paris Convention Deadline: | Six (6) months from the earliest claimed priority date. |
Registrability Requirements |
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Non-Registrable Designs |
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Filing Requirements |
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Initial Design Term | Five (5) years. |
Full Term (if all renewals are paid timeously) | Fifteen (15) years. |
Search and Examination |
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Amendment |
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Third party Oppositions and Applications |
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Restoration Provisions |
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Renewals |
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General |
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