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 2026

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New Zealand’s new patent law gets rid of some outdated provisions, expand third party actions and addresses software patent issues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

A counterfeiting crackdown targeting fake FIFA World Cup merchandise and new partner hires by CMS, HGF and Winston Strawn were also among the top talking points
Law firms need to accept the hard truth: talent migration isn't personal; it's business as usual
Judge Alan Albright is to leave his role at the Western District of Texas, and could return to private practice
Stobbs has successfully seen off a contempt of court application filed against the firm and two of its lawyers
After almost a quarter of a century, Marshall Gerstein has a new managing partner
Abbott winning another round against Sinocare and Menarini, and 'long arm' clarification on the UK's position within the UPC, were also among major developments
Maria Peyman, head of IP at Birketts, explains why the firm is adopting a ‘seamless approach’ for clients by integrating two of its practice areas
Matthew Swinn, who leads the firm’s IP practice, discusses why Mallesons is well-placed to remain a major IP force
Lawyers at A&O Shearman analyse developments regarding UPC’s long-arm jurisdiction, including its scope and jurisdictional limits
Michelle Lee discusses reaching milestones at the USPTO, AI’s role in legal work, and how to empower women in tech and IP
Gift this article