Updates to the Patents Examination Manual

Updates to the Patents Examination Manual

IPONZ has updated its Patents Examination Manual to clarify our practices on exclusions to patentability, and on the filing of verified English translation documents.

Following regular reviews and feedback from internal and external contacts, we have updated the following sections of our Patents Examination Manual.

Section 16: Other exclusions to patentability

We have comprehensively updated this section of the examination manual, which was previously titled “Section 16: Other exclusions”.

These changes significantly clarify our criteria for exclusions to patentability as outlined in Section 16 of the Patents Act 2013, and sets these out in greater detail. Our update also brings our considerations on the patentability of plant varieties in line with provisions in the current Plant Variety Rights Act 2022.

Section 16: Other exclusions to patentability

Regulation 65: Filing verified English translations of Treaty applications

We have comprehensively updated this section of the examination manual, which was previously titled “Section 51: Translations of documents forming part of a Treaty Application (PCT National Phase Entry)”.

This changes our practices in relation to verified English translations for national phase entry applications. This includes situations where examination can or cannot start due to issues with translation requirements.

Regulation 65: Filing verified English translations of Treaty applications

Published on October 11, 2023