The Bill will amend the Patents Act 2013 (2013 Act) to apply stricter criteria for grant of divisional applications filed under the Patents Act 1953 (1953 Act).

The Bill will provide that 1953 Act divisionals that are filed after commencement will only be accepted for grant if the Commissioner of Patents is satisfied on the balance of probabilities that the invention claimed in the application meets the novelty, inventive step and support requirements of the 2013 Act.

These criteria will also apply to any opposition, revocation, and re-examination proceedings concerning these 1953 Act divisional applications.

Patents Amendment Bill  — New Zealand Legislation