Divisional patent practice in New Zealand – protecting an endangered species

Across most jurisdictions, the facility to file a divisional application is an essential part of a patent attorney’s toolkit.  It is also an avenue of potential strategic advantage to patent applicants.  As Trans-Tasman patent attorneys, we’re presently seeing the two jurisdictions we service move further and further apart in respect of divisional practice.  Australia remains

Doppelgangers – local versus absolute novelty under New Zealand Practice

The more things change, the more they stay the same.  New Zealand’s new Patents Act 2013 commenced on 13 September 2014 – and with it, the much-heralded shift from the local novelty standard employed under the Patents Act 1953 to absolute, or worldwide novelty. In this article, we consider what effect this shift is likely

Reimagining best patent practice in New Zealand (again)

The notion of what constitutes “best practice” when it comes to prosecuting New Zealand patent applications over the past 4-5 years has changed almost as often as Australia has changed Prime Minister.  Over this period, we’ve found that at least one of legislation (Act and Regulations), precedent law, Patent Office throughputs, examination protocols and international/bilateral

New Zealand – Amendments to the Patents Regulations 2014 clear up a few uncertainties

New Zealand’s new Patents Act 2013 commenced on 13 September 2014, and was given effect by the accompanying Patents Regulations 2014.  Over the ensuing 3½ years, a few “uncertainties” (unintended consequences/drafting errors) have come to light.  On balance, none were deemed significant enough to warrant immediate amendment to the Regulations and indeed only one (micro-organism

Extending time in New Zealand – statutory versus purposive considerations

The management of patent deadlines is a persistent consideration in the IP world, with the consequences of missing one potentially being the irreversible loss of patent rights. Fortunately, New Zealand legislation provides for the extension of some of these deadlines (including acceptance, but excluding divisional deadlines).  In our recent experience, IPONZ has been generally understanding in

Patents covering microorganisms – new deposit receipt requirements in New Zealand

When a claim of a patent covers a micro-organism that is difficult to reproduce or a method that requires the use of such a micro-organism, the patentee may meet the obligation to fully disclose the micro-organism by depositing a sample of the micro-organism in a recognised depositary institution under the Budapest Treaty. The new New

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