For professionals responsible for filing andFor practitioners responsible for patent filing, registration, and enforcement in New Zealand, a patent attorney will systematically explain the essential information for Japanese companies’ patent strategies in the Pacific Gateway—centered on the Patents Act 2013 (effective September 13, 2014)—including IPONZ (Intellectual Property New Zealand) procedures, government fees, PCT national phase entry, the concept of absolute novelty and strict examination standards introduced by the new law, the Patents Māori Advisory Committee,and enforcement of rights in the High Court—a patent attorney will systematically explain the information essential to Japanese companies’ patent strategies in the Pacific Gateway.
Key Points of This Article
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.
New Zealand patent practice is a Commonwealth common law system centered on the Patents Act 2013, with the Patents Regulations 2014, the IPONZ Patent Examination Manual, and case law (High Court, Court of Appeal, and Supreme Court) governing applications, examination, and disputes.The 2013 Act was a historic turning point, completely overhauling the 1953 Act—which had been in effect for 60 years—and introducing absolute novelty, strict examination, and the Māori Advisory Committee.
Four Key Points to Understand in New Zealand Patent Practice
The “primary law” of the New Zealand patent system is the Patents Act 2013 (effective September 13, 2014), which completely replaced the Patents Act 1953, which had been in force for over 60 years.Core provisions include the definition of an invention (s. 13), subject matter eligible for patenting (ss. 14–16), novelty (s. 7), inventive step (s. 7), application procedures (ss. 32–46), the effect of patent rights (s. 18), and compulsory licenses (ss. 169–184).
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.
| Statutes | Content |
|---|---|
| Patents Act 2013 | Basic law governing patent protection (effective September 13, 2014) |
| Patents Regulations 2014 | Procedural Rules and Fees |
| Patents Act 1953 (Old Act) | Applicable to applications filed before September 13, 2014 |
| Plant Variety Rights Act 1987 | Plant Variety Protection (a separate system from patents) |
| Treaty of Waitangi 1840 | Basic principles for the protection of Māori traditional knowledge and genetic resources |
| Institution | Jurisdiction and Characteristics |
|---|---|
| IPONZ Assistant Commissioner | First Instance for Patent Examination, Opposition, and Cancellation |
| High Court of New Zealand | Infringement lawsuits, invalidation lawsuits, and IPONZ appeals (administered by the Patent Lists) |
| Court of Appeal | Appeals from High Court judgments |
| Supreme Court of New Zealand | Supreme Court (leave to appeal required) |
| Item | Direct Filing | Paris Convention Priority | Via PCT |
|---|---|---|---|
| NZ Filing Deadline | Anytime | 12 months from the Japanese filing date | 31 months from the priority date |
| Language | English | Same as above | English Specification as is |
| Agent | NZ-based patent attorney recommended | Same as above | Same as above |
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.
| Item | Fee (NZD) | Conversion to Japanese Yen |
|---|---|---|
| Application fee (full specification) | NZD 250 | Approx. 22,500 yen |
| Provisional Application Fee | NZD 100 | Approx. 9,000 yen |
| Request for examination fee | NZD 750 | Approx. 67,500 yen |
| Acceptance fee | NZD 200 | Approx. 18,000 yen |
| Appeal Fee | NZD 350 | Approx. 31,500 yen |
| Annual fee (Years 4–9) | NZD 200/year | Approx. 18,000 yen |
| Pension (Years 10–14) | NZD 350/year | Approx. 31,500 yen |
| Pension (Years 15–19) | NZD 550/year | Approx. 49,500 yen |
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.
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.
Wai 262 (Flora and Fauna Claim)—filed in 1991, 2011 Waitangi Tribunal report “Ko Aotearoa Tēnei”—is a historic case asserting Māori mātauranga (traditional knowledge) and rights over flora and fauna.The Māori Advisory Committee provisions in the Patents Act 2013 are a system that partially reflects the recommendations of this report.
Practical Measures for Japanese Companies
Remedies in the High Court of New Zealand
Interested parties may petition IPONZ or the High Court for revocation of a patent (s. 112). Grounds for revocation include deficiencies in novelty, inventive step, disclosure requirements, and manner of manufacture.
There is no systematic border enforcement system for patent rights at NZ Customs. Unlike in the trademark and copyright fields, enforcement primarily involves combining measures with injunctions issued by the High Court.
New Zealand joined the PCT in December 1992. National phase entry is possible within 31 months of the priority date (automatically extended by one month). The JPO-IPONZ PPH began operations in July 2017—allowing for accelerated examination based on claims granted in Japan.
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.
The term of a patent is 20 years from the filing date. Annuities are payable annually starting from the fourth year after filing (accruing from before the grant of the patent). A six-month grace period is available for late payments (subject to additional fees).
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.
| Item | Japan | New Zealand |
|---|---|---|
| Language of Application | Japanese | English |
| Protection of Indigenous Cultures | None | Māori Patent Advisory Committee |
| Deadline for Request for Examination | 3 years (from the filing date) | 5 years (from the filing date) |
| PCT National Phase | 30 months | 31 months (automatic extension) |
| Start of annuity payments | After registration | From the 4th year of the application (prior to grant) |
| Computer program patents | Broadly permitted | "As such" is not permitted (s. 11) |
| Patent term extension | Pharmaceutical PTE | No system |
| Judicial system | Patent Office → Intellectual Property High Court | IPONZ → High Court → Court of Appeal → Supreme Court |
The New Zealand patent system is a unique framework that incorporates stricter regulations under the Patents Act 2013 and the Maori Advisory Committee—the world’s only mechanism for protecting indigenous traditional knowledge. For Japanese companies to succeed in their patent strategies in the NZ market, the key lies in combining the use of the JPO-IPONZ PPH, addressing the computer program provisions (s. 11), and taking Maori traditional knowledge into consideration. Please also see our PCT international patent applications and patent application services.
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.
*This article is based on the above primary sources and official information as of April 2026 and is intended to provide general information. As laws and regulations are subject to change, we recommend consulting primary sources and experts for the latest information. For specific decisions regarding individual cases, we recommend consulting experts, including local agents.
AUTHOR / Author
Takefumi Sugiura
Representative Patent Attorney, EVORIX Intellectual Property Firm
Assists clients across a wide range of industries—including IT, manufacturing, startups, fashion, and healthcare—from patent, trademark, design, and copyright applications through to trials and infringement litigation. Also well-versed in intellectual property strategies for cutting-edge fields such as AI, IoT, Web3, and FinTech. Member of multiple organizations, including the Japan Patent Attorneys Association, the Asian Patent Attorneys Association (APAA), and the Japan Trademark Association (JTA).