IP Rights - Application and Grant Process

For trade marks, patents, designs, and even plant variety rights in New Zealand, there are strong similarities in the process from application through to grant.

In each case, an application must first be made to the Intellectual Property Office of New Zealand (IPONZ).

Once received by IPONZ, the application will be examined by an examiner to determine whether it meets the requirements of the relevant legislation. If not, a report will be issued by the examiner which sets out the objections and issues which are preventing the application being accepted. The examiner will also set out a deadline for responding to the report.

The Applicant must then respond to the report and/or make amendments to their application in order for it to be accepted by the examiner.

Once a patent or trade mark application is accepted by the examiner, it will be advertised and may be opposed by a third party before being granted if not opposed. On the other hand, designs and plant variety rights are granted once they have passed the examination process.

If you have further questions about the process for obtaining a patent, trade mark, design or plant variety right, please contact us.