The Intellectual Property Office of New Zealand (IPONZ) is a business unit within the Ministry of Business, Innovation and Employment (MBIE). IPONZ’s trade mark, patent and design services are fully cost-recovered. This means that IPONZ charges fees to recover the costs of its services from those who directly benefit from holding IP rights.
IPONZ has recently carried out a routine review of our fees to support a more consistent and transparent approach to cost-recovery across the range of services that we provide.
The review identified a number of areas where changes could be considered. We are now seeking feedback on four fee change proposals outlined in the discussion document. Two of these relate to the patent fee structure and two relate to the trade mark fee structure.
These changes are intended to rebalance patent and trade mark revenues to appropriate levels, and to improve the efficiency, equity and effectiveness of the two regimes.
The proposals are:
- Increasing fees for patent renewals and maintenance.
- Increasing fees for high-cost patent services such as patent restorations and amendments after acceptance, and introducing an ‘excess claims’ fee for complex patent applications.
- Introducing discounted trade mark application fees for applicants who use IPONZ’s ‘search and preliminary advice’ reports and classification picklist.
- Simplifying trade mark application processes by phasing out separate services for ‘search’ and ‘preliminary advice’ reports.
Changes to fees for designs, plant variety rights, geographical indications and hearings services are not being proposed at this time.
A brief explanation of the fees review and fee change proposals is provided in the ‘Summary’ documents below. Full information is provided in the discussion document.
- Discussion document [1.4 MB PDF]
- Summary of Patent Fee Changes [424 KB PDF]
- Summary of Trade Mark Fee Changes [416 KB PDF]
We are consulting on the proposed changes from 25 June to 30 July 2018. After considering submissions, Cabinet approval will be sought to amend regulations, targeting implementation in early 2019.
Making a submission
Anyone is welcome to make a submission via email to email@example.com before 5pm on Monday 30 July 2018. A submission template has been provided so that making a submission is administratively easier, however this is optional.
Please refer to the discussion document to understand how any information you choose to submit will be managed.
If you have any questions in relation to the submissions process please email IPONZ.