PCT National Phase Entry in New Zealand
Laminar IP - Australian & New Zealand Patent Attorneys
Our Australian & New Zealand Patent Attorneys can assist patent owners and foreign attorneys with entering the New Zealand National Phase of a PCT application.
New Zealand National Phase Deadline
The deadline for entering the National Phase in New Zealand is 31 months from the earliest priority date.
To enter the National Phase in New Zealand, the following documents and particulars are required:
The PCT Application Number and/or Publication Number; and
If the specification of the PCT Application was published in a language other than English:
a verified English translation of the specification as published; and
a verified English translation of any Article 34 amendments.
For any verified English translation, a Certificate of Verification completed by the translator must be provided.
No Power of Attorney, or other form executed by the inventor(s) or applicant(s), is required. Also, a certified copy of the priority application(s) will not be required unless specifically requested by the Intellectual Property Office of New Zealand.
After entering the National Phase in New Zealand, examination must be requested within 5 years from the filing date (i.e., the international filing date). However, in practice, the Intellectual Property Office of New Zealand (IPONZ) will set an earlier deadline by issuing a Direction to Request Examination. Once the Direction issues, examination must be requested within 2 months.
After requesting examination, it will typically be 4-8 months before a first examination report issues. The acceptance (i.e., allowance) deadline will be 12 months from the date of the first examination report.
Following successful examination, the application will proceed to acceptance and third parties are provided with an opportunity to oppose the grant of a patent within 3 months of the advertisement of acceptance. If there is no opposition, a patent will issue shortly thereafter.
The flow chart below outlines the typical stages of prosecution in New Zealand.
For assistance with entering the National Phase in New Zealand, or if you have any questions, please feel free to contact us.
Tel: (02) 8379 1281
Int'l Tel: +61 2 8379 1281
Level 13, 111 Elizabeth Street
New South Wales 2000
PO BOX 599
New South Wales 1565