IPONZ conducts formal and substantive examinations of designs. IPONZ automatically starts the substantive examination within 15 days of receiving the design application, no need for the applicant to submit a specific request separately, the applicant has 12 months (can be extended up to 3 months) to overcome the defect to meet the grant conditions, IPONZ only examines Novelty of exterior design. Designs can only be transferred to others after they have been granted a patent.
The novelty grace period of the year preceding the filing date/priority right is granted if:
- The disclosure was caused by a third party illegally obtaining patent information
- The disclosure resulted from a breach of confidentiality by a person who obtained the patent information directly or indirectly from the applicant
- The disclosure was made by a government agency or a person authorized by a government in the investigation of an invention
- Disclosure results from a public exercise of reasonableness by the patentee or designee, the original owner of both, or a person with the consent of one of the foregoing
- A one-year novelty grace period if the evidence is submitted prior to review if the first disclosure was made after December 30, 2018, by:
- patentee or designee
- Original right holder of the patentee or designee
- A person with the consent of the original right holder of the patentee or designee
A novelty grace period of 6 months is available if:
- With the consent of the inventor, the invention is exhibited at a specific exhibition or used for the exhibition
- Use or disclose inventions after the above exhibitions
Designs are entitled to a novelty grace period of 6 months from the filing date/priority date if:
- If a third party maliciously discloses the New Zealand application within 6 months of the filing date/priority date, making the design available to the public
- If a design application is made for a new or original textile product, the first confidential order does not affect the novelty of the application
- For example, when the design is disclosed to the government to assess the merits of the design
- If submitted within 6 months after the opening of the officially recognized exhibition
- Licensing Fee: None.
- Annuity: The patentee is required to renew the design registration within 6 months of the renewal due date. If the annual fee is overdue, it can be paid within a grace period of 6 months, and the penalty should be paid at the same time.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
10 years
20 years
no
via Paris Convention : 6 months from earliest priority date.
yes
no