The Intellectual Property Office of New Zealand (IPONZ) has partnered with the European Patent Office (EPO) to introduce a new Patent Prosecution Highway (PPH) programme, effective from 1 December 2024.
This programme allows applicants to accelerate the examination of a patent application in Europe or New Zealand when an equivalent application has been found at least partially patentable in the other jurisdiction.
For applications filed in New Zealand under the EPO-IPONZ PPH, the claims must ‘sufficiently correspond’ to the patentable claims of the EPO application. This means the claims must either have the same or narrower scope than the EPO claims.
The introduction of the EPO-IPONZ PPH builds on the existing Global Patent Prosecution Highway (GPPH) programme, which facilitates accelerated examination across 28 participating IP offices worldwide.
Several European countries are already part of the GPPH programme, so accelerated examination can be obtained in New Zealand via equivalent prosecution in these countries. However, when considering patent protection in Europe, many applicants file a single application at the EPO rather than filing in individual countries, to centralise prosecution across the large number of member states. The new EPO-IPONZ PPH will allow these applicants to take advantage of the EPO prosecution to accelerate prosecution in New Zealand.
Although IPONZ offers another route for expediting examination outside of the PPH programme, such a request must be justified and requires the filing of evidence. It can be challenging to meet the necessary level of justification. The EPO-IPONZ PPH requirements may be considered less of a burden and therefore offer an advantage over the existing options.
Overall, the EPO-IPONZ PPH can be a useful tool for businesses seeking faster patent protection in New Zealand.
If you are interested in accelerating the patenting process in Europe or New Zealand, our team of experienced patent attorneys, including European-trained attorneys, can guide you through the application process. By meeting the eligibility requirements, you can take full advantage of this programme to protect your innovations more effectively in key markets.
