On 1 November 2024, the Intellectual Property Office of New Zealand (IPONZ) and the China National Intellectual Property Administration (CNIPA) launched a new Patent Prosecution Highway (PPH) pilot programme.
The PPH programme is intended to run for at least two years (i.e. until 31 October 2026) and allows patent applicants to request accelerated examination of their patent application in either New Zealand or China if at least one patent claim of a corresponding application (having the same priority date or filing date) has been allowed in the other country.
There is no official fee for requesting examination under the PPH at IPONZ, but the following documents must be provided with the request:
- An English translation of the Chinese examination report confirming the allowance of at least one claim of the corresponding patent application;
- An English translation of the claims of the Chinese patent application;
- A complete specification for the New Zealand application that includes claims that sufficiently correspond with the claims of the Chinese patent application; and
- A claims table that matches the allowed Chinese claims to the corresponding New Zealand claims, or a statement to this effect where the claims are identical.
“Sufficient” correspondence between claims is considered to occur where the New Zealand claims are of the same, similar or narrower scope compared to the Chinese claims.
Being able to fast-track the patenting process can offer important benefits to patent applicants, such as the potential for reduced patent examination costs, and the early securement of patent rights to harness market potential and hold competitors at bay.
The PPH collaboration between New Zealand and China recognises the importance of trade between the two countries and is another step toward strengthening our trade ties across the Asia Pacific region, following an update to the New Zealand-China Free Trade Agreement in 2022.
New Zealand’s trade exports to China totalled $20.76 billion in 20231, including both products and services. Major exports related to food, forestry, and wood products, and education and tourism. Similarly, New Zealand imports from China totalled $17.16 billion in 2023. Those imports mostly related to electrical goods, machinery, vehicles, furniture, consumer goods, and plastics.
It probably comes as no surprise then that China remains New Zealand’s largest trading partner. As such, we anticipate that the pilot programme will be of interest to many New Zealand and Chinese innovators.
1Based on data from the New Zealand Ministry of Foreign Affairs & Trade (Manatū Aorere).
