Renewal Requirements | Patents | New Zealand

National continuation / renewal fees are payable in New Zealand in order to keep the patent application alive or a granted patent in force, otherwise the application or patent will lapse or cease in due course.


Types of Patents and Applications

In New Zealand we have the following types of patents:

– Standard Patent Filed after 12 September 2014 | Renewal Requirements |

– Standard Patent National Phase of PCTNational Phase after 12 September 2014 | Renewal Requirements |

– Standard Patent Filed before 13 September 2014 | Renewal Requirements |

– Divisional ApplicationStandard Patent | Renewal Requirements |

– Patent of Addition | Renewal Requirements |


Standard Patent  | Filed after 12 September 2014 | Maximum Term 20 Years

Annual Fees

These patent applications are governed by the Patent Act 2013. Annual national continuation or renewal fees apply, the first due before the 4th anniversary of the filing date of the patent application and then due before every anniversary thereafter until the last which falls due before the 19th  anniversary.


The annual fees can be paid up to 3 months before they fall due.


Late Renewal and Risks

Continuation / renewal fees can be paid up to a maximum 6 months after they fall due (the renewal grace period)  but must be accompanied by an additional late fee.


The actual lapsing of an application/patent does not occur until the expiry of this 6 month renewal grace period but the lapsing of the application is backdated to the date it was originally due.


Please note there is a risk associated with late renewals and it is recommended that renewals are paid good time before they fall due.


Standard Patent | National Phase of PCT | National Phase after 12 September 2014 | Max Term 20 Years

These patent applications are governed by the Patent Act 2013. The annual national continuation and renewal fees and late renewal provisions that apply in the same as requirements provided above for a standard patent application filed after 12 September 2014.


Standard Patent  | Filed before 13 September 2014 | Maximum Term 20 Years

Annual Fees - Transitional Provisions

These patent applications and granted patents are governed by the Patent Act 1953. No national annual continuation fees apply prior to grant. However once a patent is granted a renewal fee would have fallen due during the maximum possible term of the patent before the following filing date anniversaries: 7th anniversary, 10th anniversary and 13th anniversary.


Under the current applicable regulations annual renewal renewal fees will now commence to apply but will not commence to apply for any particular patent until the date the next renewal would have fallen due under the previous regulations.  


That is, the annual renewal fees that must be paid after 12 September 2014 for any particular case governed by the Patent Act 1953 will not become due to be paid until the 7th anniversary, 10th anniversary or 13th anniversary whichever of these anniversaries first occurs after 12 September 2014 and then annual renewal fees will be payable on each filing date anniversary thereafter until the last which falls due before the 19th anniversary.


The annual fees can be paid up to 3 months before they fall due.


Late Renewal and Risks

Continuation / renewal fees can be paid up to a maximum 6 months after they fall due (the renewal grace period)  but must be accompanied by an additional late fee.


The actual lapsing of an application/patent does not occur until the expiry of this 6 month renewal grace period but the lapsing of the application is backdated to the date it was originally due.


Please note there is a risk associated with late renewals and it is recommended that renewals are paid good time before they fall due.


Divisional Patent Application | Standard Patent

Parent Application / Patent

The renewal time limits in the case of divisional patent applications is referable to the renewal time limit of the parent application/patent and not the filing date of the divisional application.


That is if a continuation//renewal fee applies to a parent application/patent then the same continuation/renewal fee and time limit will also apply to the divisional application.


Renewal Fees - Parent Applications Having Filing Date after 12 September 2014

In the case of parent applications/patents governed by the by the Patent Act 2013 then the renewal fee requirements that apply to a divisional patent application from this parent will be also be governed by the Patent Act 2013. The annual national continuation and renewal fees and late renewal provisions that apply in the same as requirements provided above for a standard patent application filed after 12 September 2014.


Renewal Fees - Parent Applications Having Filing Date before 13 September 2014

In the case of parent applications/patents governed by the by the Patent Act 1953 then the renewal fee requirements that apply to a divisional patent application from this parent will be also be governed by the Patent Act 1953. The national continuation and renewal fees and late renewal provisions that apply in the same as requirements provided above for a standard patent application filed before 13 September 2014.


Patent of Addition | Maximum Term Is Contingent on the Term of the Live Parent

Before Grant of the Patent of Addition

Before a patent of addition is granted the same renewal requirements, grace periods and late payment risks provided above for a standard patent also apply to application for a patent of addition, ie the application should be maintained like a normal standard patent by paying annual maintenance fees before the 4th filing anniversary of the parent.


After Grant of the Patent Addition

Once a patent of addition is granted, annual maintenance fees are not required on the patent of addition. However, once granted the parent application needs to be maintained for the patent of addition to remain in force. Once the parent patent ceases, so does the patent of addition.

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