Where a NZ resident wishes to file an application for a patent abroad without first filing a corresponding patent application in New Zealand, the resident must obtain a foreign filing permit from the Commissioner under section 25(5) before making the foreign patent application.
IPONZ will now accept requests for foreign filing permit by email.
The request should name the applicants for the patent in the foreign country, and the countries or organizations in which the application is to be made, and include a description of the invention, preferably as an attached copy of the specification to be filed abroad or a detailed synopsis of the subject matter.
In response to the request, IPONZ will issue a permit (if appropriate) by reply e-mail. This will be the only form of permit issued and serves as the written permit as required under section 25(5).
It should be noted that a New Zealand resident does not need a foreign filing permit where:
(a) the resident has made an application for a patent in New Zealand for the same invention at least six weeks before intending to file a corresponding foreign patent application; or
(b) the resident is making a foreign application which is claiming convention priority from an application for the same invention filed abroad by a non-resident.