How Much Does it Cost to Patent an Idea in New Zealand?
The estimated costs of a patent in New Zealand are based on five stages of the process: filing, examination, prosecution, and grant. There are also maintenance, renewal, and annuities fees. The fee structure for the New Zealand Intellectual Property Office is straightforward and transparent. There are no additional official fees for excess pages or claims. The total cost of a patent can vary depending on the type of patent.
Obtaining a non-provisional patent costs $900
In New Zealand, a non-provisional patent costs around $900. However, the renewal fees are increasing. The fees for voluntary specification amendment and maintenance will increase to NZ$150 (US$95) and NZ$500 ($285) respectively, from 13 February 2020. The fees for restoration of a patent will increase to NZ$600 ($380) from that date.
The New Zealand Intellectual Property Office has proposed increases in patent fees that are likely to take effect after May 2019. The patent examination fee will rise 50%, from $110 to $135 for each set of ten claims. There is no cap on the number of claims in a patent application, however. However, the fee will increase as the patent becomes more valuable. In addition, the patent fee for the substantive examination will rise by 50% to NZ$900.
The government charges regularly. The fees shown are for micro entities, which means inventors who have not filed more than four applications and have adjusted gross income of less than three times the national average. For large entities with over 500 employees, fees are doubled. If you are an individual or a micro entity, it’s a good idea to hire an attorney with at least four years of patent prosecution experience.
A non-provisional patent application in New Zealand will cost about $900 for a minimally complex invention. The costs will rise if your invention is more complex, however. For a moderately complex invention, the cost will range from $12,000 to $14,000. If your invention is a software product, then the costs will rise by at least seven to ten thousand dollars.
Filing a provisional patent costs $450
The cost of filing a provisional patent in New Zealand is relatively low, as it only requires one application. However, the New Zealand Intellectual Property Office has recently proposed significant increases to official patent fees. The increases are likely to take effect after May 2019, and include a 50% increase in the fee for substantive examination, and a new fee of $135 per set of ten claims. The following information can be used to determine how much it will cost to file a provisional patent.
The costs of filing a provisional patent in New Zealand are set by law, and are subject to GST. Fees are listed in New Zealand Dollars (NZD), and GST is applicable on all fees. New Zealand’s patent fees are subject to section 83 of the Patents Act 2013, so fees are subject to change. While these costs may seem excessive, they are still relatively low compared to many other countries.
If you are a resident of New Zealand, the fee for a provisional patent is $450 and you must pay it within three years. However, a provisional patent will last for up to 20 years. As long as the patent is issued in a WTO member country, New Zealand will also extend patent rights to those who are members of the TRIPS Agreement. There is a high risk of patent infringement in New Zealand, so you should avoid putting your money in a rushed decision.
The Intellectual Property Office of New Zealand is located in the capital city of Wellington. It is responsible for implementing the Patents Act and its regulations. New Zealand patent applications must be filed in the country, but can be filed in other countries through WIPO-administered treaties. According to the World Intellectual Property Organization (WIPO), the country received over 6,000 patent applications in 2017.
Filing a design patent costs $400
The cost of obtaining a design patent in New Zealand is currently $4,000. This is higher than in the United States, but still affordable compared to other countries. However, this fee will increase in 2020, when IPONZ will increase its maintenance and renewal fees by 50%. You’ll now need to pay NZ$500 (US$315) for a 4th or 8th-anniversary renewal, and US$600 (US$350) for the 15th or 19th-anniversary of filing.
The cost of filing a design patent in New Zealand is relatively low, at $400. However, the filing fee for a complete specification, which contains 30 claims, is $436. Filing a divisional application under the 1953 Act, which does not require an examination, costs US$160. After that, the applicant can pay an additional $100 to file a supplemental or divisional application, and then pay NZ$250 for each claim.
Despite their lower costs and high approval rate, design patents are still often overlooked in a company’s IP portfolio. While they can provide a limited amount of protection, they should be considered as part of an overall IP strategy. The high approval rate makes more businesses wonder why they should bother with filing design patents. Although design patents are often considered a supplementary to utility patents, they’re still a good addition to a well-rounded IP portfolio.
While the costs of a design patent application may not seem as high as in the US, you should bear in mind that a patent assignment will add to the cost of the process. Once the assignment has been made, the patent ownership transfer will take place. During the process of filing a design patent application, the applicant must disclose all known prior art to the USPTO. Prior art references may be the result of a foreign application, a related design patent application, or a patentability search.
Filing a plant patent costs $500
The fees for filing a plant patent in New Zealand range between $10,000 and $40,000 and cover the complete specification, claims and drawings. The fee also includes the patent search, which determines whether the variety is eligible for patent protection. The process may also involve filing a divisional patent application, which is a separate application split from a parent patent application, in response to an office action stating that the patent application covers more than one invention.
The New Zealand Intellectual Property Office’s fee schedule has several changes for trademarks and patents. The fee for requesting examination will rise by 50% from $500 to $750, and will apply to applications submitted after 13 February 2020. For that reason, it is vital that you file your plant patent application before that date. Additionally, filing a plant patent in New Zealand has no extra fees for excess claims. However, if you intend to submit more than 30 claims, the fee will increase to $1,336 per claim.
In addition to filing a utility or design patent, you may also choose to file a PVP certificate. While PVP certificates are usually quicker to obtain, utility patents are typically better. In Australia, new plant varieties may be protected by plant breeder’s rights (PBRs), patents, or both. In Australia, plant breeder’s rights (PBRs) are a much cheaper option than patents, but they provide far fewer protections.
In addition to sports and mutants, plant patents can also protect algae and macro-fungi. Plants that are propagated by tuber do not qualify for plant patent protection, and can only be used as a food product. The application must contain a botanical description that describes the plant’s composition and meets the patentability requirements. However, there are restrictions on the types of plant patents available.