IP/N/1/NZL/5  
IP/N/1/NZL/P/5  
 
23 February 2015  
(15-1056)  Page: 1/2  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English  
 
  
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT 
 
NEW ZEALAND: PATENTS ACT 2013 
Notifying Member N EW ZEALAND  
 
Details of the notified legal text 
 
Title  
 Patents Act 2013 
Subject matter Patents 
Nature of 
notification  Main dedicated intellectual property law or regulation  
  Other law or regulation 
 
Link to legal text http://members.wto.org/crnattachments/2014/IP/NZL/14_5448_00_e.pdf 
 
Notification status  First notification 
 Amendment or revision to notified legal text 
 Replacement or consolidation of notified legal text(s) 
 
Previous 
notification(s) 
referred to IP/N/1/NZL/P/1 
IP/N/1/NZL/P/1/Add.1 
IP/N/1/NZL/P/1/Add.2 
IP/N/1/NZL/P/1/Add.3 
 
Brief description of the notified legal text  
The Act replaces the Patents Act 1953, which was modelled on the (now repealed) UK Patents 
Act 1949. 
The standard of patent examination required by  the Patents Act 1953 was less strict that that 
required by most other countries. This leads to patent rights being granted in New Zealand that 
may be broader in scope than rights granted for the same invention in other countries.  This has 
the potential to disadvantage New Zealand businesses and consumers, as technology which may be freely available elsewhere could be covered by a patent in New Zealand. Since much 
innovation is incremental, building on what already exists, local innovators may be disadvantaged 
as well. 
The 2013 Act strengthens the criteria for granting  a patent to ensure that patents are only 
granted for "genuine innovations", that is, inve ntions that are a "manner of manufacture" and 
that are novel, non-obvious and useful. Novelty and obviousness will be measured against all matter made available to the public anywhere in the world, by any means – an 'absolute novelty' standard. The standard under the Patents Act 1953 was 'local novelty' – only material published in 
New Zealand was taken into account when determining novelty or obviousness. IP/N/1/NZL/5 • IP/N/1/NZL/P/5 
 
- 2 - 
 
  To be granted a patent under the Patents Act 1953 an invention must just be a manner of 
manufacture, and be novel.  There was no examination for obviousness. 
 
The 2013 Act contains explicit provisions setting out subject matter that is not eligible for patent 
protection:  
 Methods of medical treatment, surgery and di agnosis practised on human beings (the New 
Zealand courts had previously ruled that such methods were not patentable under the 
Patents Act 1953); 
 Human beings and biological processes for their generation; 
 Inventions whose commercial exploitation would be contrary to morality or public order; 
 Plant varieties; 
 Computer programs 'as such'. 
The 2013 Act also introduces simplified procedur es that will reduce the cost and complexity 
involved in challenging "bad" patents – that is  patents that should not have been granted. 
The 2013 Act also provides for the establishment of a Maori Advisory Committee to advise the 
Commissioner of Patents in relation to patent applications for inventions involving traditional knowledge or indigenous plants and animals. The Committee's function will be to provide advice 
that can be used by the Commissioner to assist in determining whether such inventions are novel, 
or involve an inventive step, or whether the commer cial exploitation of such inventions would be 
offensive to Maori. 
Language(s) of notified text English  
Date of adoption 13 September 2013 
Entry into force 13 September 2014 
 
Notification details  
Submission date 
of notification  4 December 2014 
Other information  
 Patent applications are examined and patents granted under the Patents 
Act 2013 and the Patents Regulations 2014 by the Intellectual Property Office of New Zealand (IPONZ), a business unit of the Ministry of Business, Innovation and Employment. 
Website: http://www.iponz.govt.nz/  
 
Agency or 
authority 
responsible  Ministry of Business, Innovation and Employment (MBIE)  
PO Box 1473 
Wellington 6140 
New Zealand 
Phone:  +64 4 472 0030 
Fax:  +64 4 473 4638 
Website: http://www.mbie.govt.nz/  
Contact email address:  IPPolicy@mbie.govt.nz