Request for postponement of acceptance under section 20(1) of the Patents Act 1953

Applicants may at any time prior to acceptance request that a patent application not be accepted for a period of up to 18 months from the date of filing of the complete specification or from the 31 month examinable date for applications entering the New Zealand national phase (see Information for clients No.9 published 20 December 1999).

Applicants may request postponement of acceptance of up to 18 months in a letter to IPONZ (e.g. in a letter accompanying a new patent application or subsequent letter). IPONZ will not subsequently require or request the filing of a Patents Form 14.

For new applications filed online, applicants can request a postponement of acceptance of either 15 or 18 months by selecting the appropriate option provided on the online application form. There is no need for the applicant to provide a follow-up letter or to file subsequent Patents Form 14.

Applicants may also choose to make a request for postponement of acceptance through the online correspondence system.

Please note, that the time period provided under s.20(1) for any postponement of acceptance is rigidly bound to the filing date of the application or 31 month examinable date, as appropriate. The postponement period provided under s.20(1) is not extendible under the extensions of time provided under s.93 to place an application in order for acceptance.