IPONZ Fees for Patent Applications in New Zealand

From the initial filing to the final years of protection, every stage carries specific government fees that must be budgeted for to avoid the loss of rights. All fees discussed below are in New Zealand Dollars (NZD) and, unless stated otherwise, exclude Goods and Services Tax (GST). It is important to note that GST at a rate of 15% applies to all fees where the applicant is a New Zealand resident.

Application Fees

IPONZ has structured the fees to allow for a cost-effective entry point, particularly for those in the early stages of development. For clients wishing to secure an early priority date while they continue to refine their invention or seek funding, the filing of a provisional specification attracts a government fee of just $100. This lower fee is designed to encourage early filing, providing a 12-to-15-month window to develop the technology before a complete specification is required.

When the time comes to file a complete specification, or for those skipping the provisional stage entirely, the fee is $250. This same $250 fee applies if you are entering the New Zealand national phase from a Patent Cooperation Treaty (PCT) application, or if you are filing a Convention application based on an overseas priority claim. This flat structure simplifies the initial budgeting process, regardless of the route taken to enter the New Zealand jurisdiction.

The Examination Phase

The most critical phase is examination, where IPONZ assesses the invention against legal standards. A specific request must be made for this process to begin. The fee for requesting an examination or re-examination is $750.

During this phase, applicants must be mindful of the “Excess Claims” fee. This is a crucial strategic consideration. If your complete specification contains a large number of claims, costs can escalate. Specifically, if an application contains 30 or more claims at any point during the examination process, a fee of $120 is charged for every 5th claim over 25. This fee is calculated based on the maximum number of claims contained in the specification during examination and is payable upon acceptance. This pricing structure encourages applicants to draft concise, focused claims. As your representatives, we work closely with you to streamline your claims, ensuring you have broad protection without incurring unnecessary government penalties.

Managing Amendments

Amendments to the specification are often required to overcome examiner objections or to refine the description of the invention. IPONZ distinguishes between amendments made before and after the application is accepted. A request to amend a complete specification before acceptance incurs a fee of $150.

However, once an application has been accepted, the process becomes more rigorous and expensive. A request to amend a complete specification after acceptance attracts a fee of $500.

Maintenance and Renewal Fees

A patent is a long-term asset, and maintaining it requires the payment of periodic fees. In New Zealand, these fees differ depending on whether the patent is still pending or has been granted.

Application Maintenance Fees

Even while your application is pending (before it is granted), you may be required to pay maintenance fees. These become due on the 4th anniversary of the filing date of the complete specification, and on each subsequent anniversary. If paid within the standard prescribed period, the fee is $200. However, if the payment is made during the extended period (a grace period provided by regulations), the fee increases to $300.

Renewal Fees for Granted Patents

Once the patent is granted, these annual payments are termed renewal fees. Like maintenance fees, they ensure the patent remains in force. The cost structure for renewals is tiered, increasing as the patent matures, reflecting the assumption that a patent should become more commercially valuable over time.

• For the 4th through the 9th year, the annual renewal fee is $200.
• For the 10th through the 14th year, the fee rises to $450 per year.
• For the final years, spanning the 15th to the 19th year, the fee is $1000 per year.

It is vital to track these dates accurately. If a renewal fee is paid late, a late payment penalty of $100 is applied. Our firm utilizes sophisticated docketing systems to ensure these deadlines are never missed, protecting your asset from lapsing due to administrative oversight.

Restoring Lapsed Rights

In the unfortunate event that a deadline is missed and a patent or application lapses, it may be possible to revive it. This process is known as restoration. IPONZ charges a fee of $600 for a request for restoration of a patent or patent application. While this provides a grace period, restoration is not guaranteed and requires evidence that the failure to pay was unintentional. Avoiding this process through diligent deadline management is always the preferred and more cost-effective strategy.

Oppositions and Hearings

Intellectual property rights can sometimes lead to disputes. Third parties may oppose the grant of your patent, or you may need to request a hearing to overcome an objection from the IPONZ examiner. These formal proceedings carry their own costs.

• Filing a notice of opposition costs $350.
• Applying to revoke a patent also costs $350.
• If a formal hearing is requested to resolve a dispute or objection, the fee is $850.

These fees cover the administrative costs of the tribunal functions exercised by the Commissioner of Patents. We provide expert representation in these matters, ensuring that your case is presented effectively whether you are defending your application or challenging a competitor’s.

International application Fees

For applicants seeking protection beyond New Zealand, the Patent Cooperation Treaty (PCT) offers a streamlined pathway. Filing an international application through IPONZ involves three distinct fee components: the New Zealand component, the International component, and the Search component.

• New Zealand Component: A transmittal fee of $180 is payable to IPONZ for handling the outgoing application and forwarding it to the international bureau.
• International Component: The basic International filing fee is $2864. If the application is lengthy, a fee of $32 applies for every sheet over 30.
• Search Component Every PCT application must undergo an international search. The cost depends entirely on which International Searching Authority you select. This is a strategic choice, often balancing cost against the quality and speed of the search report.
  • Korean Intellectual Property Office (KR): The fee is $1447.
  • IP Australia (AU): A fee of $2494.
  • European Patent Office (EPO): A fee of $3701.
  • United States Patent and Trademark Office (US): The most expensive option at $4124

Contact us today

The cost of obtaining and maintaining a patent in New Zealand involves a series of structured government fees that evolve as your application progresses.

As your partners, we handle the administrative burden of these payments, ensuring compliance with all IPONZ regulations while you focus on the commercial success of your invention.

Contact us for a free consultation now.