Regulation 49: Counterstatement

If the applicant wishes to proceed with the patent application they must file a counterstatement in answer to the notice of opposition and statement of case within 2 months of receiving the notice of opposition. The counterstatement must explain fully the grounds upon which the applicant contests the opposition. The applicant must send the original counterstatement and a copy to IPONZ so that a copy can be sent to the opponent. If the applicant does not file the counterstatement within time then the patent application is considered to be abandoned.

At this stage the applicant is able to amend the claims of their application to overcome the opposition. Any amendment can be filed with the counterstatement and will be considered by IPONZ under section 40.