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What are the status descriptions?
Each Patent, Trade Mark, and Design and Plant Variety Right (IP cases) progresses through sequential stages. Each status can be likened to a milestone or a band in the continuum of the life cycle of an IP. Each status is accorded a number and a description.
The descriptions of each status are noted below.
Designs
Status description | Explanation of how a Design gets to the nominated status |
Filed | A Design application has been received by IPONZ and is under examination. An examination report has been sent to the applicant regarding the Design application or IPONZ is awaiting a response to objection(s) or is still corresponding with applicant or agent about outstanding objections. |
Pending registration | The Design application is registerable, and is awaiting the Registration process. |
| Registered | The Design is Registered at IPONZ |
| Lapsed | The period of Copyright for the registered Design has expired and the renewal fee has not been paid. |
Expired | There is no further period of copyright to extend the Design by |
Abandoned | An application is made void. The applicant did not overcome or address the objections within the prescribed time limits. |
Cancelled | The registration has been cancelled owing to a challenge. |
Withdrawn | The applicant has requested the Design application be withdrawn prior to registration. |
Patents
Type of application | Status description | Explanation of how a Patent gets to the nominated status. |
| Provisional Specification | Filed | A patent application with a provisional application has been received by IPONZ. |
| Withdrawn | A patent application has been withdraw by the applicant. | |
| Closed | A patent application had no Complete Specification filed within the prescribed time limit. | |
| Complete Specification | Filed | A patent application with a complete application has been received by IPONZ. |
| Under examination | An examination report has been previously issued, or the application has been allocated to an Examiner for examination. | |
| Abandoned | The application is no longer pending through non-action by the applicant for example not responding to an examination report in time. | |
| Withdrawn | A patent application has been withdraw by the applicant. | |
| Accepted | The Patent application has been accepted. The Complete Specification has either been published or will be advertised in the next Journal. Once published, the Patent application remains at this status for a period during which the Patent application may be under opposition. | |
| Granted and sealed | The Patent application has become Granted and Sealed. | |
| Expired | The term for the Patent has expired. | |
| Lapsed | The patent has ceased through non-payment of a renewal fee. | |
| Revoked | A patent has been anulled (in full or in part) through a decision of an assistant commissioner/comissioner or court. | |
| Under Opposition | The patent application has been accepted and there is a possible opposition or an opposition lodged against this application. | |
National Phase Entry | Filed | The application entering the National Phase has English language documentation and is currently within the 31 calendar month period before the application is examinable under section 26G(1)(b) of the Patents Act 1953. |
Under examination | The application is examinable under the National Phase under section 26G of the Patents Act 1953. View the current examination timelines. | |
Patent Specifications Status indicators
Status Description | Explanation of currency or relevance of a Patent Specification |
Proposed | Original or new filed (amended) specification for both provisional and complete specification. |
Rejected | Superseded provisional specification once an amended specification is approved. Superseded complete specification when an amended specification is filed during examination. |
Overwritten | On submission of another specification while under opposition, so that only one specification is candidate to be granted. |
Accepted | Complete specification once application is accepted. |
Granted | Complete specification once a patent is granted. |
Superseded | Original granted specification when an amended complete specification is approved for a granted patent. |
Trade Marks
Status Description | Explanation of how a Trade Mark gets to the nominated status |
| Under examination | The application has been allocated to an Examiner for examination or an examination report has been sent to the applicant regarding the Trade Mark application. IPONZ is awaiting a response to objection(s) or is still corresponding with applicant or agent about outstanding objections. Current examination timelines are available here. |
| Accepted | The Trade Mark application has been accepted. The Trade Mark has either been published or will be advertised in the next Journal. Once advertised, the Trade Mark remains at this status for a period during which the Trade Mark may be under opposition. |
| Registered | The Trade Mark is Registered at IPONZ. |
| Expired but restorable | The renewal fee has not been paid and the due date for the renewal is less than or 12 months ago. The trade mark is still restorable. |
| Expired | The renewal fees have not been paid and the Trade Mark is no longer able to be restored. |
| Abandoned | The applicant did not respond to a non-compliance report before the due date. |
| Rejected | A hearing has not been requested following Notice of Intention to Reject. |
| Revoked | The mark is revoked after a successful non-use challenge. |
| Under Opposition | An opposition received during acceptance. |
| Withdrawn | The applicant has requested the Trade Mark application be abandoned prior to Registration. |
| Abeyance | A Trade Mark application has been isolated by this status to prevent the Trade Mark automatically progressing. |
| Merged | A Trade Mark has been merged |
Plant Variety Rights
Status Descriptions | Explanation of how a Plant Variety Right application gets to the nominated status |
Submitted | The application has been submitted to IPONZ |
Filed | The Commissioner is satisfied that the plant variety right application meets the requirements – see section 5 (1) and 5 (2a) of the Plant Variety Rights Act 1987 |
Granted | A grant of plant variety rights has been made for that variety |
Refused | A grant of plant variety rights has been refused as one of more requirements under Section 10 of the Plant Variety Rights Act 1987 has not been met. |
Withdrawn | The applicant has requested that the application be withdrawn under Section 7 (1) of the Plant Variety Rights Act 1987 |
Lapsed | The application has been lapsed, under Section 7 (3) of the Plant Variety Rights Act 1987, due to information or material not being supplied as requested |
Surrendered | The grantee has requested that the Right be surrendered |
Cancelled | The right has ceased before the end of its term due to cancellation by the Commissioner under Section 16 (2) of the Plant Variety Rights Act 1987 |
Expired | The term of the grant has expired. |
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