CHANGES IN NEW ZEALAND PATENT LAWS

The following post is taken from the latest James & Wells newsletter, titled Changes to New Zealand Patent Laws: Take action by 12 September 2014, posted by Jonathan Lucas on the 24th of March 2014.
“This year our patent laws are changing. If you need to protect an innovation there will be significant advantages if you file a patent application before 12 September 2014. If you already have a patent application in progress you may still be affected and you should contact us to see if any action is required.

“In September 2014, a new Patents Act will come into force.  A major impact of the Act is that patent applications will be subjected to tougher examination criteria that may make it more difficult to secure protection for an innovation. The most significant changes are:
    Patent applications may be refused for being uninventive (obvious over existing technology);
    The contents of a patent application will have to be written to adhere to stricter rules;
    Some software or computer-implemented inventions may be harder to patent;
    The costs of the patent application process will increase; and
    There will be additional opportunities for competitors to challenge a granted patent.

The James & Wells website has a more detailed summary of the changes, including David Macaskill’s article, New Dawn for the New Zealand Patent Landscape – the New Patents Act.

Regardless of the nature of the invention, the tougher examination criteria can be avoided by taking action in time. Patent applications where complete specifications are filed on or before 12 September 2014 will proceed to acceptance faster and more easily.
If you have an idea or innovation and are considering filing a patent application, you will need to file your patent application before 12 September 2014. To take advantage of the more lenient existing laws, you should contact us as soon as possible to get things underway.
If you have already filed a provisional application you will need to complete your application before 12 September 2014 if the existing laws are to apply.

The new laws may make some computer-implemented inventions harder to protect in New Zealand.  This risk can be avoided by filing patent applications for this technology in New Zealand by 12 September 2014.

The issues on the changes to patentability of software are discussed in more detail on our website: New Zealand software patents: Reports of their death have been greatly exaggerated. We will be releasing further information on the changes on our website over the course of 2014.”

This article was written by Jonathan Lucas, Senior Associate, James & Wells.. Based in our Auckland office, Jonathan specialises in helping clients of all sizes to protect their innovative ideas using patents and registered designs.  Jonathan also leads the firm's sustainability business committee. His IP expertise covers a wide range of technology sectors including the growing cleantech industry. For more information and for expert IP advice contact Jonathan on Email: jonathanl@jaws.co.nz or Phone: +64 9 914 6740 or 0800 INNOV8.