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WIPO - PCT Applicant's Guide NZ - 新西兰
新西兰知识产权局 (IPONZ)

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    Office: Intellectual Property Office of New Zealand (IPONZ)
    NZPA: New Zealand Patents Act
    NZPR: New Zealand Patents Regulations 2018
    Sec.: Section of the Patents Act
    Reg.: Regulation of the Patents Regulations 2018
    [MT] 本文档中使用的货币列表 :
    NZD (Dólar neozelandês)
    [MT] 国家和办事处信息 :
    The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
    Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
    Also refer to PCT Contracting States formerly Annex A.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    细则 49.6(f)
    Refer to the full list.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国:
    新西兰
    [MT] 两个字母代码 :
    NZ
    [MT] 办公室名称:
    新西兰知识产权局 (IPONZ)
    [MT] 地点:
    15 Stout Street
    Wellington 6011
    New Zealand
    [MT] 邮寄地址 :
    P.O. Box 9241
    Marion Square
    Wellington 6141
    New Zealand
    [MT] 电话:
    International calls
    (64-3) 962 26 07
    National free calls
    0508 447 669
    Free calls from Australia
    1800 796 338
    [MT] 电子邮件:
    General enquiries
    info@iponz.govt.nz
    Enquiries concerning ePCT
    epct@iponz.govt.nz
    [MT] 网站地图
    [MT] 传真:
    None
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?
    是的,
    via the Office’s online case management facility
    [MT] 哪些类型的文件可以通过这种方式传送?
    Please refer to the Office.
    [MT] 是否在所有情况下都必须提供文件原件?
    Please refer to the Office.
    [MT] 专利局是否通过电子邮件发送国际申请通知?
    是的
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    Yes, the Office is prepared to allow applicants to make national applications available to the WIPO DAS
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    IB,
    NZ
    [MT] 国家立法是否限制向外国局提交国际申请?
    Refer to the Office
    [MT] 为本国指定的主管(或选定的)办事处:
    Refer to corresponding National Phase.
    NZ
    [MT] 通过PCT 提供的保护类型:
    Patents,
    Patents of addition
    [MT] 办公室接受的付款方式:
    As DO(EO): fees must be paid by electronic means once an application has entered the national phase. Goods and Services Tax is payable by New Zealand residents.
    As RO: The Office requires direct credit payments for PCT international applications. After a PCT application has been filed, the applicant receives from the Office the summary of the fees due and the MBIE PCT Trust Account details for payment.
    Refer to: Patent fees, Intellectual Property Office of New Zealand (https://www.iponz.govt.nz/) for more information.
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    None
    [MT] 国际公布后的临时保护 :
    Section 81 of the New Zealand Patents Act 2013 provides that after the complete specification has become open to public inspection and before the patent is granted the nominated person (as defined in section 5) is taken to have generally the same privileges and rights as if the patent had been granted on the day that the specification became open to public inspection except the nominated person cannot bring a proceeding until after the patent has been granted.
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 发明人姓名和地址必须提供的时间:
    May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定?
    Yes, refer to Annex L.

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    新西兰
    [MT] 国际申请可用语言提交:
    English
    [MT] 接受的语言 - 依赖于序列列表中的自由文本 :
    Same as above
    [MT] 请求书可用语言提交:
    English
    Number of copies required by the receiving Office if the international application is filed on paper:
    Not applicable, as the Office accepts the filing of international applications only in electronic form or by electronic means (PCT Rule 89bis.1(d-bis))
    [MT] 接收局是否接受以电子形式提交国际申请?
    For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 25 September 2014, pages 140 et seq., 28 July 2022, page 198 and 24 July 2025, page 120.
    Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).
    Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.
    Yes, the Office accepts electronic filing via ePCT-Filing. Note that the Office will not accept the filing of international applications on paper (PCT Rule 89bis.1(d-bis))
    [MT] 接收局是否接受转换前文件的提交,如果接受,采用何种格式(PCT行政指示第706条 )?
    Yes, any format
    [MT] 接受局是否接受以提及方式纳入 (PCT规则20.6 )?
    是的
    [MT] 接受局是否接受非正式提交彩色图纸并将其转交国际局?
    Yes, the Office accepts color or greyscale drawings or photographs on an informal basis and transmits them to the International Bureau. However, If the provided drawings do not render to black and white satisfactorily, an objection will be raised via the PCT/RO/106 form under (PCT Rule 11.13).
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests
    [MT] 国际主管查询机关 :
    AU,
    EP,
    KR,
    US
    [MT] 国际初步审查主管机关 :
    AU,
    KR

    EP,
    US

    The Office is competent only if the international search is or has been carried out by that Office.
    Fees payable to the RO:
    [MT] 传输费用 :
    Inclusive of Goods and Services Tax
    207 NZD
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    2,864 NZD
    [MT] 超过30张的每张费用:
    32 NZD
    [MT] 减免(费用表,项目4) :
    [MT] 电子提交(以字符编码格式提交请求 ) :
    431 NZD
    [MT] 电子提交(请求书、说明书、权利要求书和摘要以字符编码格式提交 ) :
    646 NZD
    [MT] 搜索费用:
    Refer to
    Annex D(AU)
    Annex D(EP)
    Annex D(KR)
    Annex D(US)
    [MT] 优先权文件费 (PCT规则17.1(b ) ) :
    None
    [MT] 申请恢复优先权的费用 (PCT规则26之二.3(d ) ) :
    None
    [MT] 接受局是否要求代理人?
    [MT] 谁可以担任代理人?
    Information about registered patent attorneys is available from the Trans-Tasman IP Attorneys Board at:
    https://www.ttipattorney.gov.au/
    Any person registered to practice before the Office as a patent attorney
    [MT] 委托书的放弃:
    Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph IP 11.048).
    [MT] 办公室是否已放弃提交单独授权书的要求?
    是的
    [MT] 需要另行授权的特殊情况:
    Where there is a change in representation, that is where an applicant is represented by a new agent or representative
    [MT] 办公室是否已放弃提交一般授权书副本的要求?
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    Where there is a change in representation, that is where an applicant is represented by a new agent or representative

    [MT] 附件L - 微生物和其他生物材料的存放

    [MT] 指定和选任办公室的要求
    Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
    For a list of these institutions refer to:
    Notifications related thereto may be consulted under:
    Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
    [MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:
    [MT] 规则13之二.3(a)㈠至㈢所规定的标记:
    None
    [MT] 任何其他说明:
    At the time of filing (as part of the specification)
    [MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :
    To the extent available to the applicant, relevant information on the characteristics of the microorganism

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    [MT] 进入国家阶段的适用时间限制:
    Under PCT Article 22(3): 31 months from the priority date
    Under PCT Article 39(1)(b): 31 months from the priority date
    [MT] 专利局是否允许恢复权利(PCT规则49.6 )?
    [MT] 国际申请必须翻译成以下语言之一:
    English
    [MT] 进入国家阶段的翻译必须具备以下内容:
    Under PCT Article 22: Description, claims, any text matter of drawings (if any of those parts has been amended, both as originally filed and as amended)
    Under PCT Article 39(1): Description, claims, any text matter of drawings (if any of those parts has been amended, both as originally filed and as amended)
    [MT] 在特殊情况下是否需要国际申请副本?
    Applicant should only provide a copy of the international application if he/she has not received Form PCT/IB/308 and the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2).
    [MT] 局是否根据其国家法律 接受彩色图纸?
    Yes, color or greyscale drawings or photographs are permitted under NZ national law, without any specific conditions, limitations, or requirements
    [MT] 国家费用 :
    Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
    [MT] 专利或附加专利
    [MT] 申请费
    plus Goods and Services Tax for New Zealand residents
    250 NZD
    [MT] 免除、减少或退还费用:
    None
    [MT] 局的特殊要求(PCT规则51之二 ) :
    If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
    Name and address of each inventor if they have not been furnished in the “Request” part of the international application
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    Address for service in New Zealand or Australia (no representation by an agent is required)
    An electronic communication address must be provided by all persons communicating with the Office
    Verification of translation of international application
    [MT] 谁可以担任代理人?
    Information about registered patent attorneys is available from the Trans-Tasman IP Attorneys Board at:
    https://www.ttipattorney.gov.au/
    Any person registered to practice before the Office as a patent attorney
    [MT] 局是否接受接收局恢复优先权的效力(PCT规则49之三.1 )?
    是的
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?
    Yes, the office applies both the “unintentional” and the “due care” criteria to such requests

    [MT] 国家阶段的程序

    [MT] NZ.01 进入国家阶段的表格
    It is strongly recommended that the national phase application be filed through the Office’s online case management facility, which operates in real time so that the applicant receives immediate confirmation of the filing date. The applicant is required to provide an electronic communication address for all further communications between the Office and the applicant, which must take also place via the case management facility.
    [MT] NZ.02 翻译
    NZPA Sec. 50,
    NZPA Sec. 51(1)(d),
    NZPA Sec. 51(1)(e),
    NZPR 63(2),
    NZPR Reg. 65,
    NZPR Reg. 70

    A verified translation into English of any document forming part of the international application must be furnished to the Office within three months of the commencement date of the national phase, which time can be extended by up to two months. Documents include the original specification, Article 19 and Article 34 amendments and Rule 91 rectifications; these translations must be filed as separate documents. A verified English translation of the priority document is not required, unless requested by the Office.
    [MT] NZ.03 翻译(核对)
    The required verified translation is a translation into English of an accompanying document that has a certificate of verification attached. The certificate of verification is a statement that a document to which the statement refers is a true and complete translation of the accompanying document to the best of the knowledge of the person who signs the statement and must be dated and signed.
    The (or each) certificate must contain the NZ patent application number or the PCT international application number and should be included in a single document with the translation(s) referred to, or if the certificate is not so included it must be filed on the same day and evidently correspond to its translated document as part of the same filing transaction.
    The Office will invite the applicant, during an on line request to enter national phase, to file a verified translation in the prescribed format and time. Failure to do so may result in the application being deemed void, and the applicant may then request restoration.
    [MT] 翻译(英文)
    Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs NP 6.002 and NP 6.003).
    [MT] NZ.05 费用(支付方式)
    The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex NZ.I.
    [MT] NZ.06 审查请求
    NZ Sec. 64,
    NZ Reg. 71,
    NZ Reg. 72,
    NZ Reg. 73,
    NZ Reg. 74

    The Office examines national patent applications only after a request for examination has been received and the examination fee has been paid. Examination must be requested within five years of the international filing date, or where the Office issues a direction to the applicant to request examination, within two months of the date of the direction.
    The amount of the fee for requesting examination is set out in Annex NZ.I. An application must be accepted within 12 months after the date of issuance of the first examination report.
    Before an application is accepted, a notice of entitlement of the applicant to the grant of the patent must be filed. The notice must be filed before acceptance. This requirement may be met if the applicant files a notice indicating the relevant declarations in accordance with PCT Rule 4.17(ii).
    [MT] NZ.07 服务地址
    Information about registered patent attorneys is available from the Trans-Tasman IP Attorney Board at:
    https://www.ttipattorney.gov.au/
    NZPR Reg 3,
    NZPR Reg 14,
    NZPR Reg 34

    An applicant, irrespective of whether or not he/she is a national of or a resident in New Zealand, is not required to be represented by an agent, but is required to have an address for service (of notices and other communications) in New Zealand or Australia. Any applicant may be represented by a patent attorney authorised to practice before the Office and the address for service should normally be that of a registered patent attorney.
    NZ.08
    The name and address of each inventor must be provided at the time of requesting entry into the national phase or within a time subsequently prescribed by the Office.
    [MT] NZ.09 申请书的修改;时限
    NZPA Sec. 33(5),
    NZPA Sec. 40,
    NZPA Sec. 201,
    NZPA Sec. 202,
    NZPR Reg. 58,
    NZPR Reg. 136,
    NZPR Reg.137,
    NZPR Reg. 138,
    NZPR Reg. 139,
    NZPR Reg. 140

    The applicant may make the following modifications to his application before the Office:
    (i) prior to acceptance:
    — corrections of clerical errors or omissions in the patents register, patents, patent applications, or any documents filed in connection with a patent application or proceedings before the Commissioner in connection with a patent or patent application. This does not apply to errors or omissions in a patent specification;
    — amendments that do not result in the broadening of the description and/or claims by the incorporation of new matter (beyond the disclosure of the international application as filed) otherwise the Commissioner may direct post-dating of the application and specification;
    (ii) after acceptance:
    — corrections of clerical errors or omissions per (i) above;
    NZPA Sec 83, NZPA Sec 84, NZPA Sec 85, NZPA Sec 86, NZPA Sec 87, NZPA Sec 88,,
    NZPR Reg 87, NZPR Reg 88, NZPR Reg 89

    — no amendment is allowed, except for the purpose of correcting an obvious mistake, the effect of which would be that the application as amended would claim or describe matter not disclosed in substance in the application before amendment, or that any amended claim would not fall wholly within the scope of a claim of the application before amendment.
    [MT] 专利申请的审查
    NZPA Sec. 106,
    NZPA Sec. 107,
    NZPA Sec. 108,
    NZPA Sec. 109,
    NZPA Sec. 110,
    NZPA Sec. 111,
    NZPR Reg. 100

    A request by the applicant to have a patent granted as a patent of addition may be made at any time from the date of filing of the national phase application. The applicant should also indicate the number of the patent or patent application to which he seeks a patent of addition.
    [MT] NZ.11 维护和续展费用
    NZPA Sec. 20,
    NZPA Sec. 21,
    NZPA Sec. 35,
    NZPR Reg. 8,
    NZPR Reg. 9,
    NZPR Reg. 10

    Maintenance fees are payable annually on all applications from the 4th anniversary of the international filing date. After grant, renewal fees are payable annually and are due on the corresponding anniversary of the international filing date. An annual maintenance fee is due on the 4th anniversary of the international filing date of applications following entry into national phase. Following grant, an annual renewal fee is payable on the anniversary date of the international filing date. Where a maintenance fee has been paid, and a patent is granted before the next annual payment is due, then the next annual payment will be the renewal fee. Maintenance and renewal fees may be paid in the period of three months preceding the anniversary date, and up to six months late (with an increased maintenance fee or a penalty fee for renewal fees). The amounts of the maintenance and renewal fees are indicated in Annex NZ.I.
    [MT] NZ.12 超额索赔费
    NZPR Reg. 11A
    An excess claims fee for the examination of the application and specification will be payable after the application has been accepted if, at any time between the filing of the request for examination and the acceptance of the specification, the specification contains 30 or more claims concurrently. The applicant will be informed of the fee amount, as indicated in Annex NZ.I, after the specification has been accepted, and the grant of the patent will be postponed until the excess claims fee has been paid. The excess claims fee will be waived or refunded at the applicant’s request if the application is withdrawn or abandoned, or if the grant of the patent is refused. If an application is abandoned then restored, the excess claims fee remains payable.
    [MT] 根据《专利法》第25条进行复审
    NZPA Sec. 208

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, the applicant may request a hearing before the Commissioner.
    [MT] NZ.14 会议时间限制延误的理由
    NZPA Sec. 231,
    NZPA Sec. 232,
    NZPR Reg. 146,
    NZPR Reg. 147,
    NZPR Reg. 148

    Once the application has entered the national phase, the Commissioner may, in his/her discretion, extend certain time limits for doing acts or taking proceedings under the regulations, upon request. Such extension may be granted although the time has expired for doing the act or taking the proceedings. A request for such an extension can be filed through the online system.
    [MT] NZ.15 更改申请人姓名或替换申请人
    NZPA Sec. 129,
    NZPR Reg. 122

    Where the applicant for entry into national phase in New Zealand differs from the applicant for the corresponding international application and this change of name or substitution has not been recorded at the International Bureau under Rule 92bis, the New Zealand applicant should apply to the Office to record the change of name or substitution of applicant using the Office online system.

    [MT] 附件 1

    [MT] 附件NZ.I - 收费
    These amounts are periodically updated and are available from the Office at:
    https://www.iponz.govt.nz/about-ip/patents/fees/
    [MT] 标准专利申请
    [MT] 申请费
    250 NZD
    [MT] 维持费(只能在预付 - 赠款 ) :
    [MT] 申请人在第九条第(1)款(a)项规定的期限内缴纳的费用,应于完整规格书提交之日起四周年及其后每一周年缴纳。
    200 NZD
    [MT] 申请人在第九条第(1)款(b)项规定的期限内缴纳的费用,应于完整规格书提交之日起四周年及其后每一周年缴纳。
    300 NZD
    [MT] 续期费用(仅在授予后支付 ) :
    [MT] 申请人在申请日起15个月内,向专利局提交申请书,并在申请书提交之日起15个月内,向专利局提交申请书。
    200 NZD
    [MT] 申请人在申请日起10个月内,向专利局提交申请书,并在申请书提交之日起10个月内,向专利局提交申请书。
    450 NZD
    [MT] 申请人在申请日起15个月内,向专利局提交申请书,并在申请书提交之日起15个月内,向专利局提交申请书。
    1,000 NZD
    [MT] 对于在第21条第(1)款规定的罚款期内提出延长续展费期限的请求所应支付的罚款
    100 NZD
    [MT] 完整规格自愿修改费用:
    [MT] - 接受之前
    150 NZD
    [MT] - 接受后
    500 NZD
    [MT] 申请考试费
    750 NZD
    [MT] 超过25件索赔的每5件索赔的超额索赔审查费
    120 NZD
    [MT] 申请恢复专利或专利申请(包括“迟交”进入国家阶段)
    600 NZD
    [MT] 请求听询
    850 NZD
    [MT] 增加专利
    All fees as for standard patent applications, with the exception that renewal fees are not payable
    [MT] 如何支付费用?
    Fees must be paid by electronic means once an application has entered the national phase. Goods and Services Tax is payable by New Zealand residents.
    [MT] 表格
    Please refer to the Office.
    Current version applicable from 2026年1月1日 , printed on 2026年2月16日