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New Zealand’s new patent law gets rid of some outdated provisions, expand third party actions and addresses software patent issues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

Alabama attorney Miya Aladebumoye has launched a new firm built on ‘big law’ experience and a personal touch approach
A UKIPO campaign aimed at combating fakes in the pre-loved fashion market and registration of the first Portuguese craft and industrial geographical indication were also among the top talking points
Chris Adams, Managing IP’s research lead, joins us to explain what practitioners need to know ahead of our first rankings release of 2026
Another IP litigator joins Winston & Strawn in Dallas as firm seeks to keep pace with ‘rapid’ growth of Texas market
Anthony O'Malley will replace Andrew Blattman at IPH, which owns several large IP firms across Australia, Asia and Canada
Barry Greenbaum, partner at Olshan Frome Wolosky, explains how in-house teams can update their approach to brand development, and where AI can add value
Christine Chiramel, who joins a full-service law firm after 17 years of working at specialist firms, says she’s excited to explore how corporate commercial issues are blurring into IP
Practitioners say increasing the pecuniary jurisdiction of India’s most popular IP litigation forum to around $2 million would spark unpredictability and make it difficult for SMEs to benefit
The Spain-based firm has appointed an industry veteran to lead the group, which it hopes will strengthen its ability to support clients in ‘disruptive technologies’
Shaina Haria, a final-seat trainee at an international law firm’s UK office, shares how she fell in love with IP and why the area of law has changed the way she views the world
Gift this article