New Zealand’s new patent law comes into effect

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

New Zealand’s new patent law comes into effect

New Zealand’s new patent law gets rid of some outdated provisions, expand third party actions and addresses software patent issues

The new Patent Law, which passed last year and came into effect on Friday, replaced a law that was over 60 years old.

Given the age of the previous law, it is not surprising that the new law addresses several unique quirks. For example, New Zealand examiners previously examined applications for novelty but not obviousness, though third parties could challenge a patent on obviousness grounds. Under the new law, patent applications will be examined for obviousness.

Similarly, under the new law, New Zealand also finally has a worldwide novelty requirement. Under the old law, novelty was only examined as to whether the invention was disclosed in New Zealand.

The law also looks to make it easier for third parties to challenge patents both pre- and post-grant. Furthermore, patent applications will automatically be published 18 months after the earliest priority date, making it easier for third parties to submit relevant prior art.

The new law also excludes from patentability computer programs “as such”, though it is expected that the presence of a technical effect will allow inventions to get around this “as such” exclusion.

For more on the new law, see our previous coverage.

more from across site and SHARED ros bottom lb

More from across our site

Koen Bijvank of Brinkhof and Johannes Heselberger of Bardehle Pagenberg discuss the Amgen v Sanofi case and why it will be cited frequently
View the official winners of the 2025 Social Impact EMEA Awards
King & Wood Mallesons will break into two entities, 14 years after a merger between a Chinese and an Australian firm created the combined outfit
Teams from Shakespeare Martineau and DWF will take centre stage in a dispute concerning the registrability of dairy terminology in plant-based products
Senem Kayahan, attorney and founder at PatentSe, discusses how she divides prosecution tasks, and reveals the importance of empathetic client advice
The association’s Australian group has filed a formal complaint against the choice of venue, citing Dubai as an unsafe environment for the LGBTQIA+ community
Firm says appointment of Nick McDonald will boost its expertise in cross-border disputes, including at the Unified Patent Court
In the final episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the IP Inclusive Charter and the senior leaders’ pledge
Law firms are integrating AI to remain competitive, and some are noticing an impact on traditional training and billing models
IP partners are among those advising on Netflix's planned $82.7bn acquisition of Warner, which has been rivalled by a $108.4bn bid by Paramount
Gift this article