Patents | New Zealand | Filing Requirements

Applicant's Details

• the full legal name and address of each person, company or other legal entity in whose name the application is to be made (note the applicant does not have to be an inventor and in that case the applicant must have legal entitlement to the invention);
• the New Zealand company number if relevant for any company that is an applicant;
• in the case of an applicant that is a foreign legal entity we will require the name of the country and or the state under whose laws the legal entity was created by incorporation or other.

Inventor's Details

• the full legal name and address of each person who is an inventor (ie each person that materially contributed to the invention);
• an inventor can only be a natural person.

Patent Specification and Drawings

• a copy of the patent specification in English including drawings (if any);
• the specification preferably in Microsoft word format;
• the drawings preferably in .dwg format or PDF format;
• alternatively sufficient detail about the invention for us to prepare a patent specification and drawings in accordance with the following guidelines.

Guidelines

• please please provide a full description of how the invention works and is used, including simple drawings which may help us understand the invention;
• if the description includes terms of the art please provide a brief explanation of the terms/jargon;
• please provide a set of good quality drawings to accompany your full description (without borders, titles, dimensions or any text) presented on A4 paper and/or presented as an electronic copy for reproduction or further manipulation (preferably in a *.dwg format or *.pdfsamspco format);
• please answer the following questions as best you can and while some of the information may be self-evident from the information you provide in your full description your answers may be of further assistance:
1. why was the invention developed?
2. is the invention a product/device or a method/process?
3. what prior art is the most similar to the invention? Please provide any references or pictures/drawings or any other information that you may have about the prior art.
4. does the invention overcome specific problems with or in the prior art? If so what problem(s) does it overcome and what features in the invention provide that/those advantage(s)?
5. does the invention provide other advantages over the prior art? If so, what feature(s) in the invention provide those other advantages?
6. which features do you consider to be the potentially most commercially valuable important aspects of the invention?
7. in a sentence describe the technical field the invention belongs to? For example ‘the invention relates to a new method of making plastic pipes’ or ‘the invention relates to a paint additive to help the paint dry quicker when applied to a surface’.
8. is the invention fully developed or some further development needs to be completed? If so please specify what further developments need to be completed or are likely to be undertaken.

Official Filing Fee

• payment of the official filing fee for the patent application request.

Authorisation Of Agent

• an authorisation of agent form is not required in order to complete a filing.
• an authorisation of agent form is required, if an agent is appointed after filing the application or in cases when there is a change agent after filing the application.

The same information and documents requested in the filing requirements as a Provisional Application, plus:

Claims, Abstract

• a copy of the claims in English to accompany the patent specification;
• the claims preferably in Microsoft word format;
• alternatively sufficient detail about the invention for us to prepare suitable claims in accordance with the guidelines provided in the provisional patent application filing requirements.

Official Filing Fee

• payment of the official filing fee for the patent application request.

The same information, documents and filing requirements as a Complete National Application | No Priority, plus:

Filing Time Limits

• the time limit to file the application and validly claim priority from an eligible first application is +12 months from the filing date of the first application.

Official Filing Fee

• payment of the official filing fee for the patent application request.

Foreign Priority Documents

• a certified copy of the foreign priority document if requested by the patent office.

English Translations

• a verified English translation of the priority document if requested by the patent office.

The same information, documents and filing requirements as a Complete National Application | No Priority, plus:

PCT Details

• full identification details of the PCT application;
• a copy of the front page of the PCT application as published by WIPO however a copy of the entire application would be preferable;
• full details and particulars and copies of any Article 19 and Article 34 amendments made during the international phase as applicable.

English Translations

• if the PCT application was filed in a language other than English, a verified English translation of the specification and claims.
• if any amendments (Article 19, 34) were made during international phase that were made not in English then English translations including any article 19 statement must be filed with the request to enter national phase.

Filing Time Limits

• the time limit to file the national entry application is +31 months from the priority date of the PCT application.

Official Filing Fee

• payment of the official filing fee for the national entry request.

Foreign Priority Documents

• a certified copy of the foreign priority document if requested by the patent office.
• a verified English translation of the priority document if requested by the patent office.

Authorisation Of Agent

• an authorisation of agent form is not required in order to complete a filing.
• an authorisation of agent form is required, if an agent is appointed after filing the application or in cases when there is a change agent after filing the application.

The same filing requirements as a Complete National Application | Claim or No Priority, as applicable and taking into account the following filing eligibility criteria.

Eligibility to File

• only applicants that are residents of Australia, New Zealand or another PCT contracting State are eligible to file a PCT application.
• if there is one or more joint PCT applicants, only one needs to satisfy the residency or nationality requirement.