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NEWS

New Acceptance Process for Patent Applications in New Zealand

Simon Ma and Peter Heathcote June 2008

The Intellectual Property Office Of New Zealand (IPONZ) has introduced a new, streamlined process that will apply to patent applications accepted on or after 1 June 2008. Under this new process, once an Examiner determines that an application is in order for acceptance, IPONZ will directly issue an official Notice of Acceptance.
Previously, when the Examiner determined that the application was in order for acceptance, he or she would issue an Examiner’s report indicating that acceptance. After a short delay, IPONZ would then issue an official Notice of Acceptance.

The new process eliminates the need for the Examiner to issue a report indicating acceptance.  This is in line with the practice of patent offices in other jurisdictions, such as Australia.

For applications that the Examiner determines to be in order for acceptance at first examination, an Examiner’s report will be issued allowing the applicant a one-month period in which to file any voluntary amendments or divisional applications. After that one-month period, the application will proceed to acceptance.

The new process does not affect the practice under which the applicant may request that acceptance of the application be delayed. 

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for further information contact SimonMa@ShelstonIP.com or PeterHeathcote@ShelstonIP.com
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