Restoration of a New Zealand patent application

During the New Zealand patent application process, if there is a possibility of missing the deadline due to negligence, a request for restoration of rights can be filed. The following conditions must be met to file a request for restoration of rights:

• Apply for reinstatement through the online system
• Provide evidence in the form of a statutory declaration or affidavit that the failure to pay the renewal or grant fee was “unintentional” and that there was no undue delay in filing the application for reinstatement
• If the abandoned patent application is successfully restored, the request for restoration of rights will be published in the Gazette for the public to raise objections. If no objection is raised within the 2-month objection period after the announcement, the applicant will receive a restoration notice and the patent application will enter the examination sequence. A request for reply to the examination opinion will be sent to the applicant, and the applicant will have 1 month to respond
• If the patent is successfully restored, the request for restoration of rights will be published in the Gazette for the public to file an opposition. If no opposition is filed within the 2-month opposition period after the announcement, IPONZ will issue a notice requiring payment of all outstanding annual fees and late payment fees. After the applicant has paid the fees in full, IPONZ will issue a notice of restoration of rights.