New Zealand Patent Registration




Release time:2016-05-13

Intellectual Property New Zealand is part of the National Economic Development Commission. Its management mode is under the full responsibility of a director-general designated by the National Economic Development Commission. The director-general has a general implementation group of intellectual property law, including the manager of the office of the director-general and the legal service department. The internal organization of the State Intellectual Property Office is divided into four departments: Decision-making and Liaison Department, Intellectual Property Legal Service Department, Acceptance and Review Service Department, and Comprehensive Service Department. The Decision and Liaison Department is responsible for the formulation, implementation, and supervision of policies and regulations to ensure the coordination and integration of New Zealand's intellectual property rights and international law; the Intellectual Property Legal Service Department is responsible for providing various services to enterprises and groups; the Acceptance and Examination Service Department is responsible for patents, trademarks, and appearance The acceptance and examination of designs (including PCT patents); the comprehensive service department is responsible for information, database, document, finance, logistics support and other services.


New Zealand's industrial base is underdeveloped, but intellectual property work is very active. In order to raise the awareness of intellectual property rights of the New Zealand people as soon as possible and strengthen the protection of intellectual property rights in the country, the New Zealand Intellectual Property Office implements a series of work plans related to it every year. In 2002, the Free Information Network was launched, the online application software system for PCT patents was developed, the online service was enhanced, and a new web page was opened. Inventors can organize and participate in various large-scale intellectual property conferences through online applications.


Intellectual property protection in New Zealand enforcees or adopts the first-to-apply principle. Except for the non-registration of copyright, the acquisition of other rights must be applied to the State Intellectual Property Office. New Zealand's patent law protects standard patents, that is, internationally accepted invention patents, yuan utility model patents. The design is taken by separate legislation. Standard (invention) patent protection for 16 years, according to the request, the patent validity can be extended, but the extension shall not exceed 10 years.


Different from China, New Zealand allows inventors to submit provisional applications while protecting standard patents. The provisional application time is one year. Within one year, it is determined that the application will be converted to a standard patent. The application date is the date of provisional application. Otherwise, the provisional application will be invalid. This measure has greatly contributed to the growth of patent applications in New Zealand.


After disputes and disputes arise in the process of intellectual property application, the general implementation organization of the intellectual property director general of the State Economic Commission shall first hold a hearing, which shall convene lawyers representing both parties to the dispute and relevant experts and scholars. If one of the parties is not satisfied with the outcome of the hearing, it may appeal to the court.

In the aspect of publicity of intellectual property legal knowledge and technical information, it is publicized in the form of public distribution through various paper publications, and various kinds of intellectual property information are transmitted through the Internet and provided to the public free of charge. Another way is through various associations, societies and enterprises, rights holders through newspapers, radio, television and other media advertising; the third way is to participate in fairs, trade fairs and other forms, so that technical information can be disseminated. In addition, patent lawyers and corporate patent legal advisers are also an important form of publicity.