Patents | New Zealand | Renewal Requirements

Annual Fees

• national annual continuation or renewal fees (maintenance fees) apply;
• the first maintenance fees is due before the 4th anniversary of the filing date of the patent application and then due before every anniversary thereafter until the last which falls due before the 19th anniversary;
• The maintenance fees can be paid up to 3 months before they fall due.

Late Renewals & Risks

• maintenance fees can be paid late up to a maximum 6 months after they fall due during the available renewal grace period;
• maintenance fees paid late during the renewal grace period must be accompanied by an additional monthly late fee for each month, or part of a month after the due date;
• please note there is a prejudicial risk associated with late renewals and it is recommended that renewals are paid in good time before they fall due.

Renewal requirements

The same renewal requirements, grace periods and late payment risks that apply to a standard patent also apply to a standard patent for a pharmaceutical substance. New Zealand does not offer patent term extensions for pharmaceuticals.

The renewal fee dates of a patent granted from a divisional application is referable to the 'date of the patent' and not the filing date of the divisional application.

Date of Patent

• the 'date of the patent' in the case of a divisional application is the filing date of the earliest parent application in the preceding chain of applications that led to the divisional.

Annual Fees

• national annual continuation or renewal fees (maintenance fees) apply to a divisional application;
• the same renewal requirements, grace periods and late payment risks that apply to a standard patent also apply to a divisional application / patent except the renewal time limits are referable to the date of the patent and not the filing date of the divisional application.

The Patents Act 2013, which came into effect on 13 September 2014, does not include provisions for Patents of Addition.