New Zealand Patent System: A Practical Guide | IPONZ, Patents Act 2013 & Māori Advisory Committee

Key Points of This Article

• New Zealand completely overhauled the old 1953 Act with the Patents Act 2013—shifting to absolute novelty and strict examination
• Enforced on September 13, 2014. The old law (1953 Act) had lenient examination based on relative novelty
• Joined the PCT (1992). Japanese companies have a 30-month + 1-month grace period through PCT national phase entry
• The Māori Patent Advisory Committee examines inventions involving Māori traditional knowledge and genetic resources—the only such body in the world
• Request for examination must be filed within 5 years of the filing date (or the date designated by the examiner)
• Non-patentable subject matter: diagnostic and therapeutic methods, computer programs as such, human cloning
• Enforcement follows a four-tier system: IPONZ → High Court → Court of Appeal → Supreme Court

NEW ZEALAND PATENT

A comprehensive guide to the patent system and practice in New Zealand, the Pacific Gateway, written by a patent attorney. It systematically explains everything from IPONZ applications to the Patents Act 2013, the Māori Advisory Committee, and the enforcement of rights in the High Court across 12 sections.

Table of Contents

1. Executive Summary
2. Basic Structure of the System and Legal Sources
3. Application Procedures and Required Documents
4. Standard Process and Timeline Management
5. Estimated Government Fees
6. Patent Requirements and Unique Provisions
7. Māori Patent Advisory Committee
8. Enforcement and Infringement Response
9. PCT and PPH Strategies
10. Maintenance and Patent Term Extension
11. Differences Between Japanese and New Zealand Systems
12. Practical Checklist for Japanese Companies

Four Key Points to Understand in New Zealand Patent Practice

1. The transition to the 2013 Act raised the bar for absolute novelty and inventive step—the mindset from the era of the old Act no longer applies
2. Government fees are denominated in NZD and are low. Application fee: approximately NZD 250; request for examination: approximately NZD 750
3. A key feature of examination is the “Manner of Manufacture” assessment—a concept derived from common law, similar to Australia
4. Enforcement takes place in the High Court (operating under the Patent Lists system). The JPO-IPONZ PPH program began operations in 2017

Note the coexistence of the old and new laws: Patents filed before September 13, 2014, remain subject to the old 1953 Act. In practice, since cases under the old law will continue to exist until 20 years after registration (until around 2034 at the latest), it is essential to verify the filing date when conducting licensing and infringement analyses.

• Patent Application Form: English, IPONZ Case Management System
• Specification, Claims, Abstract, and Drawings: English
• Either a Provisional Specification or a Complete Specification
• POA: Original not required; electronic certification accepted
• Priority Documents: When claiming Paris Convention priority, must be filed within 12 months of the filing date
• If the application includes Māori traditional knowledge or genetic resources, prior disclosure is required (in consultation with the Advisory Committee)

Timeframe: Approximately 3–4 years from filing to registration in smooth cases. Can be shortened to 1–2 years by utilizing the JPO-IPONZ PPH. New Zealand is relatively fast within the Commonwealth.

NZ patent applications are among the most affordable globally: total government fees from filing to registration are approximately NZD 1,200 (approx. 108,000 yen). This is significantly cheaper than in the US or the EU, making it an effective stepping stone for entering the Commonwealth and Oceania markets.

• Diagnostic, therapeutic, and surgical methods (human or animal)
• Computer programs as such (s. 11)—Pure software is not eligible; hardware elements are required
• Plants and animals (biological methods)—excluding microbiological methods
• Human cloning and genetic modification
• Inventions whose commercial use would violate public order and morality

Unique provisions similar to the European model: “Computer programs as such” are excluded from patentability (s. 11(1)). However, they are patentable if “the substantial contribution of the invention lies outside the computer program” (s. 11(3)). For AI and IoT inventions, it is important to describe the integration with hardware, physical effects, and control processes.

The world’s only mechanism for protecting indigenous traditional knowledge

Pursuant to sections 225–228 of the Patents Act 2013, the Commissioner of Patents established the Patents Māori Advisory Committee. The Committee reviews whether inventions involving Māori traditional knowledge (mātauranga Māori) or New Zealand’s unique flora and fauna (taonga) are contrary to Māori values when commercially exploited.

Practical Measures for Japanese Companies

• Caution Required for Biopharmaceutical Inventions Utilizing New Zealand Endemic Species
• Inventions involving natural products such as manuka honey, manuka oil, and pohutukawa
• Advisory Committee review requires an additional 2–3 months
• Consideration of Prior Informed Consent (PIC)
• Prior Consultation with Maori Traditional Knowledge Experts Recommended

Remedies in the High Court of New Zealand

• Injunctions (Interim and Permanent)
• Claims for Damages or Account of Profits
• Order for the Surrender or Destruction of Infringing Goods
• Anton Piller Order (Order for Preservation of Evidence)
• Operation of the Patent Lists—Patent Division of the High Court

JPO-IPONZ PPH: Launched in 2017; available free of charge. Reduces processing time from the usual 3–4 years to 1–2 years. New Zealand also participates in the Global PPH (IP5+α). Although the ANZTPA initiative (Australia-New Zealand single examination) stalled in 2017, substantive mutual use continues under the PPH agreement.

No Pharmaceutical Term Extension (PTE) System: New Zealand does not have an explicit patent term extension system such as Japan’s Patent Term Extension Registration, the U.S. PTA/PTE, or Australia’s Pharmaceutical Extension of Term. While there were discussions regarding the introduction of PTE upon ratification of the CPTPP, it has not been implemented at this time. Generic drugs may enter the market after 20 years.

• Appointment of a patent attorney based in New Zealand (practically recommended)
• Preliminary assessment of applicability to Māori traditional knowledge and genetic resources
• Draft claims compliant with Section 11 for computer program inventions
• Consider a simultaneous Australia-New Zealand filing strategy (utilizing the PPH)

• Request for examination must be filed within 5 years of the filing date
• Early examination via JPO-IPONZ PPH
• Preparing responses for review by the Maori Advisory Committee
• Strictly Adhere to the Response Deadline for Office Actions (6 Months)

• Annuities are due annually starting from the fourth year of the application (accruing before grant)
• File a lawsuit in the High Court Patent Lists upon discovery of infringement
• Countermeasures against generic entry after 20 years (without PTE)
• Strategy for linking rights across Australia, the US, and the EU

Consultation on New Zealand Patent Applications

EVORIX Intellectual Property Law Firm provides comprehensive support for patent applications and enforcement in Oceania and major Commonwealth countries, including New Zealand. Our patent attorneys, with extensive practical experience and working in collaboration with local agents, handle everything from compliance with the Patents Act 2013 and the Māori Advisory Committee to PPH strategies and infringement proceedings in the High Court.

Go to the Inquiry Form → View the Consultation Process

▼ Primary Legislation

• Patents Act 2013 (Effective September 13, 2014)
• Patents Regulations 2014
• Patents Act 1953 (Old Act; transitional measures apply)
• Plant Variety Rights Act 1987
• Treaty of Waitangi 1840

▼ Major Case Law and Reports

• Waitangi Tribunal Wai 262 Report “Ko Aotearoa Tēnei” (2011)
• IPONZ Patent Examination Manual
• Key High Court and Court of Appeal Cases (Patent Eligibility and Interpretation of Computer Programs)

▼ Official Sources

• IPONZ Official Website: iponz.govt.nz
• IPONZ Patent Examination Manual
• Patents Māori Advisory Committee (IPONZ)
• WIPO IP Portal (New Zealand): wipo.int
• WIPO Lex: wipo.int/wipolex
• PCT Member (December 1992): WIPO PCT System
• JPO-IPONZ PPH (launched in July 2017)
• High Court of New Zealand: courtsofnz.govt.nz

▼ Explanatory Materials from Japanese Organizations

• JETRO Report: "Intellectual Property System in New Zealand"
• Japan Patent Office “Information on Foreign Industrial Property Rights Systems (Oceania)”
• INPIT Intellectual Property Information on Emerging and Developed Countries

▼ International Agreements

• Paris Convention (NZ joined in 1931)
• PCT (New Zealand joined in December 1992)
• TRIPS Agreement (WTO accession: 1995)
• CPTPP (Entered into force in 2018)
• ANZCERTA (Australia-New Zealand Closer Economic Relations Agreement, CER) (Entered into force in 1983)
• RCEP (Entered into force in 2022)
• UPOV Convention (1978) (New Zealand joined in 1981)