Supplementary practice note - online filing facility for patent and design applications

The Intellectual Property Office of New Zealand’s online patent and design filing facilities were released in November 2008. The new services required modification of the patent and design forms for the online environment and the practice notes which accompanied the new services outlined the use of the online forms. This note further clarifies the legality and use of the online filing facilities and forms.
 

Patents and designs forms

Regulation 9 of the Designs Regulations 1954 and Regulation 9 of the Patents Regulations 1954 prescribe that the scheduled forms shall be used in all cases to which they are applicable and may be modified as directed by the Commissioner. The online forms are modifications of the scheduled forms as directed by the Commissioner and replace the application forms of the schedules when completed online. Similarly, the modifications of Patent forms 4 and 5 are modifications directed by the Commissioner under Patent Regulation 9.

Various declarations and requests are often associated with the filing of patents and designs applications. For example, a request for sealing (Patent form 24), and a request for postponement of acceptance (Patent form 14), are often filed together with a patent application. For the convenience of users, the online filing forms incorporate text or check boxes that may be completed or checked in order to make such declarations or requests, and in so far as these boxes are completed or checked at the time of online filing, the associated declaration or request is considered to have been made.

Under the respective regulations 9, the portions of the online forms that facilitate the making of such declarations or requests are modifications as directed by the Commissioner of the scheduled forms in which such declarations or requests would be made under the regulations and replace these forms when completed online.

Entering of “Entitlement to File the Application” in an online “Entry Into National Phase”

The IPONZ online patents filing facility provides the option of selecting an “Entry into National Phase” form. The basic online entry into national phase form will not include a dedicated field for the user to enter the “applicant’s right to apply”. Until such time as IPONZ incorporates such a dedicated field into the basic form the full details of a statement of the applicant’s right to apply, for example, “by virtue of assignment from the inventors”, may be entered in the Additional Application Information field.

Confirmation of filing

Once applications and documents have been filed, applicants (the registered user) can check, using the View IP History option, that the application and/or documentation has been received by IPONZ. A confirmation email will also be sent to the registered users when correspondence is received.

For more information about our online services click here

Select from the list below to view related guidelines:

• Online filing facility for patent applications
• Representations for designs
• Statement of novelty for designs