The Intellectual Property Office of New Zealand is proposing to significantly increase a number of fees to improve cost recovery. Action taken in the next several months can help reduce the costs of portfolio management in New Zealand.
While the legislative process is still underway, the likely effective date of the increase will be 1 May 2019.
The most significant fee increases are for renewals: most are set to double at least. Renewal fees for the 13th year of a patent granted under the 1953 Act will increase from $1,000 to $5900*.
Excess claims fees are also to be introduced: $200 per 10 claims in excess of 30 will be payable upon examination request. The examination request fee itself will also increase from $500 to $750.
Although the only opportunity for lodgement of 1953 Act cases is as a divisional from a still pending 1953 Act application – and these are becoming rarer – still it is proposed to double the filing fee from $250 to $500.
More information can be found here.
What do you need to do?
- Applicants wishing to avoid the ‘double whammy’ of the increase in the exam request fee and the introduction of the excess claims fee should voluntarily request examination of the applications before 1 May 2019.
- Patentees of a 1953 Act patent coming up to its 13th year renewal should consider paying the fee in advance of 1 May 2019 to avoid the nearly 600% increase in the fee.
- Applicants contemplating the filing of a divisional application from a still pending 1953 Act case (where that is possible) should consider filing the application before 1 May 2019.
If you require assistance, with any of these measures, please contact us at any time.
*All fees in NZD. As at publication, the NZD is equal to USD0.69, EUR0.60 and AUD0.94