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Gazetting an event
What is Gazetting?
Gazetting is the process of asking the Commissioner of Patents, Trade Marks and Designs to officially record an event as an industrial exhibition. Once approved, the event is advertised in the New Zealand Patent Office Journal.
What does gazetting do?
Gazetting opens up a six month window of opportunity to file a New Zealand patent or design application after an invention or design has been displayed at a gazetted event.
For a patent or registered design to be valid, the invention or eye-appealing features of the design product must be new. If it has been described in a publication, used, displayed or otherwise made available or commercialised in New Zealand before a patent or registered design is applied for, then it will probably not be eligible for protection. Gazetting provides an exception to this rule. No one can use information displayed or presented at an industrial exhibition to challenge an application.
Publicity or use of the invention outside of the event (e.g. discussions with potential developers, customers or articles in the media) is not covered.
Each country has its own IP laws. Showcasing inventions and designs at an event that has been declared an industrial exhibition by the New Zealand Commissioner of Patents and Designs might not meet overseas novelty requirements. Best practice is to file a design or patent application before disclosing the product design or invention to the public.
How do I get an event gazetted?
The procedure is not complicated and no fee is required. The event manager needs to complete a Request and send it to the Intellectual Property Office of New Zealand (IPONZ). We have provided an example of a request form. The form simply illustrates one format and is not the only format that will be acceptable.
How long will it take?
Generally, a decision will be made within five working days of receiving your Request. Requests are processed as soon as they are received at IPONZ. The Commissioner cannot accept a request to gazette an event after it has opened.
Where will the event be recorded?
An official notice will appear in the New Zealand Patent Office Journal. The Event will also be added to the list of gazetted industrial exhibitions.
You may wish to display the Journal Notice near a public entrance or note that the event has been gazetted in your promotional information.
See the list of Gazetted Exhibitions.
- Disclaimer
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The information provided in this Intellectual Property Office of New Zealand guide is intended to provide general information to the public and every effort has been taken to ensure that the information set out in this guide is accurate. However, readers are advised that they should take specific advice from qualified professional people before undertaking any action following information received from this guide.
The Intellectual Property Office of New Zealand and the Ministry of Business, Innovation and Employment do not accept any responsibility or liability for any action taken in reliance on the information in this guide or for any error, inadequacy, deficiency, flaw in or omission from the information provided in this guide. All readers who ignore this disclaimer do so at their own risk.
