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Significant changes to New Zealand’s patent laws take effect September 13, 2014 as a result of New Zealand’s Patents Act 2013. The law, which passed on September 13, 2013, reflects the New Zealand Parliament's aim to bring the country's patent laws into alignment with international standards. One of the changes to note is that during examination, obviousness will be considered, and the standard for novelty will shift to a higher standard of absolute novelty, where information publicly available anywhere may be considered for purposes of prior art. Additionally, the period for acceptance (allowance) of an application will be shortened from 18 months to 12 months from issue of the first examination report.

New Zealand’s patent law reform follows recent reforms of the Australian and U.S. patent laws, in 2012 and 2011, respectively. This is the first major shift for New Zealand’s patent system in 60 years, since the Patents Act 1953.

For more information, please contact a COJK attorney or visit Intellectual Property Office of New Zealand.

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