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New Zealand’s new patent law gets rid of some outdated provisions, expand third party actions and addresses software patent issues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

South Korea's One Law Partners is combining with boutique firm Minwho Law Group to leverage global expansion of K-content and build a broader offering spanning IP, tech and regulatory advisory work
Russell Kennedy's Gina Tresidder on juggling matters, delivering hard truths, and why IP ownership is rarely as simple as people think
Attorney Oran Friar and trainee attorney Harry Cunliffe at Reddie & Grose, share that patent filings for clinical LLMs are surging, but success in the UK and Europe hinges on demonstrating technical innovation
Implementers can use the UK courts to seek FRAND terms for patent pool licences
The first credible UPC spinouts are growing, and they are coming from elite patent litigation teams, suggesting specialist litigators may no longer need large platforms to compete
Voyage IP has hired a veteran IP leader from Spruson & Ferguson as its head of trademarks, as well as another consultant who will boost the firm’s commercial offering
Lawyers say unwritten appearance expectations can disproportionately affect women and junior talent, making proactive guidance a growing responsibility for law firm leaders
Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Drew & Napier’s leadership appointments show one way full-service firms can back up claims about the strategic importance of IP
Strike-out application will hear claims that the copyright aspect of an IP infringement claim brought by a gambling and sports betting group should be dropped
Gift this article