In order to maintain a patent application in New Zealand, a renewal fee must be paid to the Intellectual Property Office of New Zealand (IPONZ) on an annual basis. The first renewal fee of the patent is added to the filing fee, after which the renewal fee will be due annually starting from the fourth anniversary of the patent’s filing date. Renewal fees in New Zealand fall exactly on the anniversary of when the original filing date of the application falls. The due date should be the month and day corresponding to the filing date.
For example, if the filing date of a patent is 2017-06-15, you will only have to settle the renewal fee starting from 2021-06-15 onwards.
In New Zealand, there are other types of intellectual property in which you settle renewal fees, these are known as plant variety rights and designs. In this article we will cover designs. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that both patents and designs can be renewed through us.
Intellectual Property Type #1 - Designs
A New Zealand design right is valid for 15 years from the filing date. Initially, a New Zealand design is protected for 5 years. In order to maintain protection beyond the initial 5-year period, it can be renewed at five years thereafter - up to a maximum of two renewals. Renewal fees are required with each registered design, even if these are designs of multiple applications. If the requested maintenance fees are not settled by the due date, an additional 6-month grace period will be applied in order for the settlement to take place. If a patent enters the 6-month grace period, an increase to the original renewal fees will be applied.
Starting from the 4th anniversary of the filing date, patent renewal fees need to be paid annually to maintain a patent. For further clarification, please refer to the cost breakdown below.
The first renewal fee will be due on the fourth anniversary of the patent application’s filing date.
For example, if the filing date of a patent is 2017-06-15, you will only have to settle the renewal fee starting from 2021-06-15 onwards.
Prior to grant, the New Zealand patent application is in its filing stage. You will have to pay the renewal fee to the New Zealand patent office irrespective of whether the patent has been granted or not. The first renewal fee of a patent application is due on the fourth anniversary of the filing date.
The payment window opens three months before the renewal fees are due.
For example, if a renewal due date of a patent falls on 2021-07-31, the payment window to pay the renewal fee will open from 2021-04-31.
Yes, it is possible to renew a New Zealand patent after its deadline. If you fail to pay the renewal fee in due time, a grace period of 6 months is given whereby the renewal fees can still be settled. However, when entering the grace period you will incur an increase of 100.00 NZD to the original renewal fees. If you wish to maintain the patent, the (new) total renewal fee will have to be settled.
For example, if a patent’s renewal due date is 2021-05-30, of 30th May 2021 and the due date is missed, the patent will enter the grace period from 2021-06-01. The new total will need to be settled within the 6-month grace period, and will be due by 2021-11-30. Failure to pay this fee within the grace period will result in the patent lapsing.
It is not mandatory to make use of a local agent or representative when renewing a patent in New Zealand. IPONZ allows transfer of the fees due into the account of the IPONZ (both deposit and credit card payments are permitted).
In order to maintain a New Zealand patent, renewal fees need to be settled annually with the New Zealand Patent Office. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date.
