New Zealand IP Fee Review Proposed

In July 2018, The Intellectual Property Office of New Zealand (IPONZ) sought public submissions on proposals to change some of their Official fees.  These submissions have been considered and revised proposals have been put forward to the New Zealand Government.

The proposals were:

1. Increasing fees for patent renewals and maintenance.
2. Increasing fees for high-cost patent services such as patent restorations and amendments after acceptance and introducing an ‘excess claims’ fee for complex patent applications.
3. Introducing discounted trade mark application fees for Applicants who use IPONZ’s “search and preliminary advice” reports and classification picklist.
4. Simplifying trade mark application processes by phasing out separate services for ‘search’ and ‘preliminary advice’ reports.

There have not been any proposed changes to fees for designs, plant variety rights, geographical indications and hearings services.

The proposals will require amendments to the Trade Marks Regulations 2003, the Patents Regulations 2014 and the Patents Regulations 1954.

If approved, the regulations will then be published 3 months prior to any changes taking effect. The earliest effective date of any changes to fees will be 1 May 2019.

What does that mean for you?

If you have any upcoming New Zealand patent renewals due, or plan to file for a patent in the near future, you should consider renewing/filing prior to May 2019 in order to receive the current charge.

As mentioned, there will be a conclusive decision published 3 months prior to any changes being implemented, providing you with sufficient time to organise any patent matters.

Wynnes will keep you informed as further information regarding the IPONZ Fee Review becomes available.  If you have any questions about the proposed revisions, please contact Wynnes for assistance.