Is a New Zealand industrial design application eligible for DAS?

Submitted by 页之码 on

no

专利申请流程

    • via Paris Convention : 12 months from earliest priority date.
    • via Nationalization of PCT : 31 months from earliest priority date.
  • Multiple designs are allowed in one design application only if the designs belong to the same set (usually used or sold at the same time).

  • 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
    • 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.
  • 10 years

  • no

  • Filing Language: English

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    Attachments (if any):

    1. Power of Attorney
    2. Certified Priority Document
    3. inventor statement
    4. Declaration of Ownership/Certification of Employment/Assignment of priority
    5. Assignment for Patent Right Transfer
    6. translator statement
  • via Paris Convention : 6 months from earliest priority date.

  • 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
    • Authorization Fee: There is no granted fee.
    • Annuity: pay year by year from the 4th year of the application date, the applicant should pay within 3 months before the annual annual fee is due, 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.