Published: 
5 April 2018

Amendments to the New Zealand Patents Regulations 2014, Trade Mark Regulations 2003, Trade Marks (International Registration) Regulations 2012, and Design Regulations 1954 have entered into force as of 5 April 2018.

These amendments effect a number of changes to the New Zealand Patents, Trade Mark and Design Regulations, and are among the measures agreed as part of the Single Economic Market agenda announced by New Zealand and Australia in 2009.

Addresses for service changes

Address for service requirements for patents, trade marks and designs now permit postal addresses, post office boxes or document exchange boxes in either New Zealand or Australia.

Micro-organism deposit requirements for patent applications

In cases where an invention is a micro-organism, the timeframe for providing a deposit receipt for the purposes of section 43(1)(b) of the Patents Act 2013 is now within 12 months of the date of issue of the first examination report.

Changes to divisional patent applications

The requirements for the acceptance of a patent application with complete specification now include the following:

  • Divisional applications must not include a claim or claims for substantially the same matter that has been accepted in their parent applications
  • Parent applications must not include a claim or claims for substantially the same matter that has been accepted in their divisional applications.

Counterstatements in patent revocation proceedings

The Commissioner may now choose to provide an extension of time for filing a counterstatement for a patent revocation proceeding. This request for an extension of time must be filed within two months after the original deadline date, and is subject to the Commissioner’s review and approval.

For more information, please refer to the following: