IPONZ - Proposed Changes to Patent and Trade Mark Fee Schedu

Briefly, an excess claim fee will apply if there are 30 or more claims. A minimum excess claim fee of NZD 120 will apply to any accepted application where there are at least 30 claims. Additional fees will then be calculated for each group of five (5) claims over the 30 claim threshold. The total fee payable will be calculated based on the maximum number of claims that were considered during the examination process. For example, at any stage after filing a request for examination of the application, there are 50 claims, an excess claim fee of the minimum NZD120 (30 claims) plus 4 x 120 (claims 31-50) will be incurred, even though there may only have been 29 claims filed, and less than 30 claims accepted. It also appears to apply to any pending application filed under either the 1953 Act or the 2013 Act.

We will provide information on our proposed strategies for addressing these fee increases in a separate communication.

Trade Marks

IPONZ offers a “simplified application process” for filing trade marks, and has reduced their fees associated with these services.

Briefly, IPONZ proposes to reduce their fees associated with new trade mark applications. A list of the fees associated with the various services under the New Zealand Trade Marks Act 2002 is set out below.

Ser v ice Trade Mark Ac t 2002 TM application (per class) (does not use pre-application advise or pre-approved pick list)

Current Fee

Proposed Fee

150

100

TM application (per class) Based on pre-application advise TM application (per class) Based on pre-approved pick list

150

50

150

70

TM application (per class) Based on pre-application advise & pre- approved pick list

150

50

Renewal Fee (per class)

350

200

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