Participating Offices

New Zealand

Notifications

Date: May 17, 2016

Note: Applicants are invited to validate with accessing offices whether they are technically ready to retrieve NZ priority documents from WIPO DAS and to accept a priority claim based on a priority document deposited in DAS by the IP Office of New Zealand.

30 May 2016 will be the starting date from which it will be possible for IPONZ to deposit and retrieve priority documents according to the “New Route”, in accordance with paragraphs 10 and 12 of the DAS modified Framework Provisions that came into effect on July 1, 2012.

Priority documents will meet the requirements to provide evidence in support of a convention application when made available through DAS as an approved digital library under Regulation 70(2)(b) of the Patents Regulations 2014.

Priority documents provided via DAS must be available to the Commissioner within the relevant period set out under regulation 68 (2 months from the date of request by the commissioner). Where a priority document temporarily cannot be retrieved from DAS by IPONZ within the relevant period, and a certificate in accordance with paragraph 13 of the modified Framework Provisions states that the document was available before the end of the relevant period, then the document may be retrieved later with no further action required by the applicant.

If a priority document ultimately cannot be retrieved from DAS by IPONZ, then the applicant may be required to furnish a copy of the document by other means in accordance with Regulation 68 of the Patents Regulations 2014.

IPONZ will notify an applicant if it is unable to retrieve a document from DAS.

As an accessing Office, IPONZ will recognise priority documents available through DAS for applications for which the time for furnishing the priority document has not expired by 30 May 2016.

DAS Technical and operational options adopted by IPONZ as of 30 May 2016 are:

• Communications between IPONZ and the IB will be based on PCT-EDI, and where necessary the sending of oversized documents on CD or DVD.
• IPONZ as a depositing Office will deposit certified copies of patent applications as priority documents via DAS. In its capacity as a DAS depositing office, IPONZ will neither register nor transmit international applications under the Patent Cooperation Treaty that are filed with the New Zealand Receiving Office.
• The document format for documents deposited by IPONZ will be color, grayscale or black and white PDFs.
• IPONZ will issue DAS access codes via the IPONZ case management facility.
• Possible IPONZ priority application number formats are: a two letter country code and a six digit application serial number e.g. NZ 765432.
• IPONZ as an accessing Office will retrieve certified copies of PCT and patent applications that can be deposited in DAS by the corresponding depositing Offices.
• IPONZ will accept priority documents in color, grayscale and black and white as deposited by depositing Offices.