IPONZ. Who we are and what we do.
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Glossary

 

Our words and their meanings
 

 

A|B|C|D|E|F|G|H|I|J|K|L|M|N|O|P|Q|R|S|T|U|V|W|X|Y|Z

 

A
 

Abandoned by the applicant or owner

Is a status description given to design or patent application in the IPONZ database where the applicant has requested that the application be abandoned prior to registration or grant, or, the owner has asked that the grant or registration be cancelled.
 

Abandoned prior to registration

Is a status description given to a trade mark application that is abandoned as the applicant did not overcome or address the objections within the prescribed time limits.
 

Abeyance

Is a status given to an application that will not proceed until an issue concerning the application has been resolved.
 

Agent

Agent refers to the party who is authorised to act on behalf of the applicant i.e. not another party from the same firm.
 

Assignment

Assignment is the process by which ownership of intellectual property passes from one party to another. When this occurs, the change should be recorded with IPONZ to maintain a clear record of ownership.
 

Accepted

Accepted is the status given to a patent or trade mark. The patent or trade mark has either been published or will be advertised in the next Journal. Once published the application remains at this status for a period during which the IP may be opposed.
 

Awaiting Registration

Is a status given to design applications in the IPONZ database when the design is registerable and is waiting to become registered.

In the case of patent and trade mark applications this status is given to records in the IPONZ database where the three month period (after publication of the trade mark or complete specification) is over and the intellectual property is awaiting sealing or registration.

 

B


Basic application

The first patent application made in a Paris Convention country or region. The list of Paris Convention contracting parties are published on the WIPO website.
 

Browser

A browser is Software that allows you to 'surf' the Internet.  Internet Explorer, Netscape, Firefox, Mozilla, Safari and Mosaic are some examples of Web browsers.  A browser provides an easy to use interface for accessing the information on the World Wide Web.
 

Budapest Treaty

The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure signed at Budapest on 28 April 1997.

Regulations 59 and 60 of the Patents Regulations 2014 require applicants to deposit microorganisms with a prescribed international depositary institution. Information about these depositary institutions including contact details can be found on the WIPO website.

 

C
 

Cancelled/Declared invalid/Revoked/Abandoned

Is a status given to trade mark applications in the IPONZ database when the applicant has requested that the application be abandoned prior to grant or registration, or the proprietor has requested that the registration be cancelled.
 

Change of Name

Sometimes, owners of applications and registrations change their names, even though the actual ownership of the application or registration has not been transferred. When this occurs, the owners should record the name change with IPONZ to maintain a clear record of ownership. Name changes are recorded in the same manner as assignments.
 

Challenged/Refused/Cancelled

Is the status given to a design in the IPONZ database where a hearing has been requested by the applicant, the design application has been refused as a result of the examination process or the registration has been cancelled owing to a challenge.
 

Challenged/Refused/Revoked

Is the status given to a patent or trade mark in the IPONZ database where the application has been refused as a result of the examination process, or, the registration has been refused owing to a challenge.


Combined Marks

A Combined Mark Type indicates that the mark is a combination of signs such as word, image, and/or shape for example. Combined marks will often be images containing words (referred to as Device marks in the old system), but the term also describes other combinations of signs such as 3D shapes containing words and/or images. The examination and subsequent protection afforded a registered Combined mark relates to the combination of the signs that make up the mark, not each individual sign in the mark.
  

The Commissioner

The New Zealand Patents, Trade Marks, Designs and Plant Variety Rights legislation provides that a person is to be appointed Commissioner. The Commissioner has the powers and is responsible for ensuring that all the duties, and functions of the Commissioner noted in the legislation are fulfilled.

 

Complete specification

A complete specification accurately describes the invention and the best known method of carrying it out, and ends with one or more "claims" which define the scope of the invention.
 

Convention priority

New Zealand is a signatory to the Paris Convention for the Protection of Industrial Property. The Paris Convention provides that any person who has filed an application in a signatory country has the right to file further applications in any of the other signatory countries, and receive the priority date of the original application, provided that the further applications are filed within specific timeframes of the original application. See the World Intellectual Property Office for more information.
 

Cookies

A cookie is a small text file downloaded to a user's computer that can be used to track user behaviour on a Web site or store user information and particular preferences allowing customisation of a user's subsequent visits to that Web site. 


Copyright

Under copyright law, an original artistic or literary work is protected to prevent one party from copying the work of another. In New Zealand, copyright is administered by the Regulatory and Competition Policy Branch of the Economic Development Group of the Ministry of Business, Innovation and Employment.


 

D
 

Design

A registered design protects the appearance of an article of manufacture produced by any industrial process or means. Design protection does not include the materials from which a product is made or its purpose, but its shape and any decorative ornament that appears on it.
 

Digital certificate

An electronic certificate used to establish credentials when performing transactions over the internet.  They are used to ensure the transaction originates from a recognised user.

 

Direct debit

This is a payment system that allows an organisation to instruct their bank to collect varying amounts directly from customers' accounts, using an electronic funds transfer.

 

 

E
 

Examination

Examination is the process completed by IPONZ to determine whether applications comply with the legislative requirements and can be accepted or registered. As well as ensuring that an application meets the legal filing requirements, IPONZ examiners must be satisfied that there are no other grounds that would prevent registration of the intellectual property.
 

Examination request 

The invention as claimed is not examined until a Request for examination is filed. The Request must be filed within 5 years from the date of filing the complete specification or within 2 months of IPONZ issuing a Direction to Request Examination.

Typically, IPONZ will issue a first examination report within 3 months of the Request being filed.
 

Expired or not renewed

Is a status description in the IPONZ database given to a patent where the term for patent has expired, or, the patent has ceased through non-payment of renewal fees.
 

Expired but restorable

Is a status description in the IPONZ database given to a trade mark where the renewal fees have not been paid and the due date for the renewal is less than or 12 months ago. The Trade Mark is still restorable and citable, or , the renewal fees have not been paid and the Trade Mark is no longer able to be restored.

 

F
 

Fees

To view our current fees please select from the below.

Patent fees

Trade mark fees

Design forms fees

Plant Variety Right fees


Filed

Filed is a status description given to a patent, trade mark or design in the IPONZ database. This status is accorded when an application, appropriate fees and documentation have been received by IPONZ.
 

Firewall

A firewall is a hardware or software solution that protects the resources of one network against users from other networks.

 

G
 

Geographical indications

A registered geographical indication allows the origin of goods to be associated with particular geographical areas. For example, Kapiti Cheeses. Current registrations relate to locations in both New Zealand and foreign countries. The latter are submitted in accordance with international agreements.

 

G.S.T – Goods and Services Tax

GST – Goods and Services Tax is a tax on most goods and services in New Zealand. GST is required on fees paid by NZ residents or NZ based companies. Overseas residents or companies based overseas are not required to pay GST on fees.

 

H
 

Https

A secure protocol for the exchange of sensitive information over the internet designed to ensure the safety of the data.
 

 

I
 

Intellectual property

Intellectual property refers to such things as ideas, technology, products and processes, however, like `real' or `tangible' property, can be bought, sold or licensed. Patents, trade marks, registered designs and copyright are all examples of intellectual property.
 

Intellectual property rights

The right to own and to exploit ideas or inventions, or literary or other works.  Sometimes intellectual property rights are given a monetary value in financial statements, e.g. ownership of a patent to manufacture battery lawn mowers, or ownership of the score and text of a musical.
 

Internet services provider (ISP)

ISP stands for Internet Service Provider.  An ISP provides access to the Internet.  Examples of ISP's include xtra, clear, ihug etc.
 

International Bureau (IB)

International Bureau means the International Bureau of the World Intellectual Property Organization

  

J
 

Journal 

Journal means the IPONZ Journal published under subsection (1) of section 112 of the Patents Act 1953 and section 206 of the Patents Act 2013.
 

Jpg

.jpg file type extension or JPEG - "Joint Photographic Experts Group" - is one of several digital image formats that are viewable in web browsers. JPEG image files are encoded using a standard for file compression (making the files smaller) that preserves essential color and display information in a fairly photorealistic way, with smooth edges, shapes and color blends. JPEG files are generally preferred for displaying still image photographs in digital form.
 
 

K


 

L

 

Letters patent

Letters patent is the name of an instrument granted by the government to convey a right to the patentee for a new invention or discovery.
 

Login

Enter your User ID and Password to logon to the Companies Office website.  Logging on to the website will help us recognise who you are and will default some of the mandatory information you are required to enter.


 

M
 

Madrid Protocol

Madrid Protocol means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on 27 June 1989, as amended from time to time.


Māori Advisory Committee

The function of the Advisory Committee under section 178 of the Act is to advise the Commissioner whether the proposed use or registration of a trade mark that is, or appears to be, derivative of a Māori sign, including text and imagery, is, or is likely to be, offensive to Māori.

The members of the Māori Trade Marks Advisory Committee are appointed by the Commissioner of Trade Marks under section 177 of the Trade Marks Act 2002.

The Patents Māori Advisory Committee will be established to advise the Commissioner (on request) whether an invention described in a patent application was derived from Māori traditional knowledge or from indigenous plants and animals. The advisory committee will provide advice to the Commissioner on whether commercial exploitation of such inventions could be contrary to Māori values.

The Commissioner is required to consider the advice of these two committees, but is not bound by it.
 

Maintenance fee

You must pay a maintenance fee to keep a patent application alive. Failure to pay within the regulatory timeframe causes the application to become abandoned. For more information, see our patent fee schedule.
 

Merged

Merged is a status description given to a trade mark in the IPONZ database. This status is accorded when an application or registration has been merged.
 

Merger

A merger is where a trade mark applicant applies to merge two or more trade mark applications or a trade mark registration owner applies to merge two or more trade mark registrations into one application or registration respectively. For example, an applicant may wish to merge separate applications that had been divided at an earlier date in order to overcome a concern raised in a Compliance Report or an opposition proceeding.
 

 

N
 

National Phase

The national phase is the second of the two main phases of the Patent Cooperation Treaty procedure. It follows the international phase and consists in the processing of the international application before each Office of or acting for a Contracting State that has been designated in the international application (see International Phase). In each designated State the international application has the effect of a national (or regional) application as from the international filing date, and the decision to grant protection for the invention is the task of the Office of or acting for that State (the  “designated Office”). 
 

Nice Agreement 

Nice Agreement means the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks adopted at Nice on 15 June 1957, as amended from time to time.
 

Nice Classification

Nice Classification means the tenth edition of the Nice Classification published on 1 January 2012 under the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of Registration of Trade Marks.

 

O

 

OIA – Official Information Act 1982

Official Information Act requests can be made through our online service.
 

Operating system

An operating system (sometimes abbreviated as "OS") is the software that manages your computer system e.g. Windows, Mac etc. 
 

P
 

Patent

A patent is granted for a new product or manufacturing process, or an improvement to an existing product or process. The granting of a patent gives the patentee the exclusive right to make, use or sell the invention for up to 20 years.
 

Patent specification

A patent specification is a document that describes the characteristics of the invention. When filing an application applicants have the option of filing a provisional specification or a complete specification in the first instance:

  • A provisional specification broadly describes the invention and how to perform it.
  • A complete specification accurately describes the invention and the best known method of carrying it out, and ends with one or more "claims" which define the scope of the invention.
     

Patent Cooperation Treaty ("PCT" or "the Treaty")

Refer to Overseas Patent Protection.
 

Prior art base (or "prior art")

The prior art base is all information that has been disclosed to the public in any form about an invention before a given date. IPONZ Examiners or the court will decide whether or not an invention is novel and inventive against the prior art base.

 

Provisional specification

Refer to What is a patent specification?

 

PVR (Plant Variety Rights)

A plant variety right is granted for a new, distinct, homogeneous and stable plant variety. Once granted, it provides the breeder with the exclusive right to produce for sale any reproductive material of that variety, sell any reproductive material, and propagate the variety for commercial production of produce.
 


Q

 

R
 

Ready for examination

This applies to applications entering into National Phase only. The application is examinable under the National Phase under section 26G of the Patents Act 1953. Current examination timelines are available here.
 

Registration expired

Is the status given to a design in the IPONZ database where the renewal fees have not been paid or there is not further period of copyright extend the design.
 

Renewal

A renewal is the application to avoid the expiration of a registration. An owner of a patent, trade mark, design or plant variety right may apply to renew the registration providing the application meets the requirements set out in the relevant legislation.
 

Registered user

Registering as a user of our websites provides fast and convenient access to our online services. 
 

Receiving Office

Receiving Office means the National or Regional Office or the intergovernmental organisation with which the Treaty application has been filed. IPONZ is a receiving office.
 

 

S
 

Specification

A patent specification is a written description of an invention. Applicants have the option of filing a provisional specification or a complete specification in the first instance:

  • A provisional specification broadly describes the invention and how to perform it.
  • A complete specification accurately describes the invention and the best known method of carrying it out, and ends with one or more "claims" which define the scope of the invention.

For more information see What is a patent specification?
 

Skeletal record

Is the status given to a design and patent record in the IPONZ database that where both an abridgement and a copy of the published specification is available.


 

T
 

Trade mark

The official definition of a trade mark is any sign which can be represented graphically in relation to goods or services. A sign can include a device or artistic design, logo, brand, heading, label, ticket, name, signature, word, letter, numeral, colour, sounds, smells or any combination of these.
 

Treaty application

Treaty application means an application made under the Patent Cooperation Treaty for the protection of an invention. Also called a PCT International application.
 

TRIPS Agreement - Trade-Related Aspects of Intellectual Property Rights

The Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) was concluded in 1994. TRIPS sets minimum standards on the protection of intellectual property rights to which Members of the WTO are required to adhere.

 

U
 

Under backcapture

Is the status given to a patent record in the IPONZ database where information has been captured from histroic files where only the abridgement is available.
 

User ID

When you set up an account with the Economic Development Group of the Ministry of Business, Innovation and Employment you are issued with a User ID and Password that you will need to use when logging on to the IPONZ website.

 
 

V
 

Variety

Means a cultivar or cultivated variety of a plant and includes any clone, hybrid, stock, or line, of a plant; but does not include a botanical variety of a plant.
 

Vienna Classification system

The Vienna Classification provides symbols for marks which consist of or contain figurative elements.The Vienna Classification is based on a multilateral treaty administered by WIPO. This treaty is called the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, which was concluded in 1973 and entered into force in 1985. This Classification is commonly referred to as the Vienna Classification. The Vienna Agreement is open to States party to the Paris Convention for the Protection of Industrial Property.

 

 

W
 

Web services

Web applications that interact with other web applications for the purpose of sending and receiving information in a common format.
 

Working day

A 'working day' means a day of the week other than-

  1. Saturday, Sunday, Good Friday, Easter Monday, ANZAC Day, the Sovereign's Birthday, Labour Day and Waitangi Day; and
  2. A day in the period commencing with the 25th day of December in any year and ending with the 2nd day of January in the following year; and
  3. If the 1st day of January in any year falls on a Friday, the following Monday; and
  4. If the 1st day of January in any year falls on a Saturday or a Sunday, the following Monday and Tuesday.

 

X
 

XML

Short for Extensible Mark-up Language, it allows information to be exchanged between computers in an understandable format.  It allows for considerable freedom is creating the structure of the message.


 

Y
 

Z

 

Last updated 18 September 2014