English Language Translation – Entry into New Zealand PCT National Phase

In accordance with Regulation 3 of the Patents (Patents Cooperation Treaty) Regulations 1992, an English translation and accompanying certificate of verification, i.e. a verified translation, of any document which forms part of a PCT application for entry into the national phase in New Zealand and which is not in the English language, shall be filed at IPONZ within three (3) months of the commencement of national phase (31 months from earliest priority). Typically, those documents which will require a verified translation are the description, claims and figures.

Where a request to enter national phase is filed on or after 1 November 2008, and the verified translation is not filed at the time of entry into national phase, IPONZ will inform the applicant in writing and set a date three (3) months beyond the commencement of national phase (31 months from earliest priority date) for the verified translation to be filed.

If a request for entry into national phase was made prior to 1 November 2008 and a verified translation was not filed at the time of the request or since, IPONZ will inform the applicant in writing of the requirement to file the verified translation and provide a period of three months from the date of the letter for the verified translation to be filed.

In accordance with Regulation 3(2) & (4) of the Patents (Patents Cooperation Treaty) Regulations 1992 as amended, applicants may request, in writing, a further extension of time of, at most two (2) months of the date set, for providing a verified translation. Any request for an extension of time to provide a verified translation should be made prior to the expiry of the extension period.

Failure to provide a verified translation within the three month period, or within the two month extension period (i.e. a total of five (5) months) will result in the application being made void under section 26F(d) or Section 26F(e) of the Patents Act 1953. An application made void under this practice cannot be restored under section 37 of the Patents Act 1953.

Please note that applicants may file an application for entry into the national phase including verified translations of documents and subsequent verified translations or requests for extensions of time to provide a verified translation online using respectively the online filing and online correspondence modules.