Speak to our experts
Contents
Chapman Tripp Patents is proud to stand at the forefront of efforts to strengthen New Zealand’s innovation ecosystem. We strongly support the Patents Amendment Bill, which will ensure that only genuine, world-class inventions receive patent protection in Aotearoa.
What’s at stake for New Zealand innovators and exporters
Although the Patents Act 1953 (the 1953 Act) was repealed in 2013 and replaced by stronger legislation, a loophole has allowed some, predominantly foreign, applicants to continue to use the 1953 Act’s provision allowing patents to be granted even if they lack an “inventive step”. And the playing field is heavily tilted in favour of the applicant and against any opponent to the grant of the patent.
This loophole has led to questionable patents clogging the system, forcing New Zealand companies to either spend a lot of money challenging them or pay for licences they should not need.
A solution that levels the playing field
The Patents Amendment Bill will finally apply selected stricter criteria of the Patents Act 2013 (the 2013 Act) to future divisional applications otherwise falling within the 1953 Act. This reform means only inventions that are truly novel, inventive, and properly described will be granted protection—raising the bar and aligning New Zealand with international best practice.
For local innovators, manufacturers and exporters, reform will mean greater certainty, less risk, fewer legal hurdles, more time and capital for genuine innovation and a more competitive environment. Reform will also discourage the creation of “patent thickets” that can stifle new products and technologies, ensuring that the patent system remains a tool for progress, not obstruction.
Chapman Tripp Patents: advocating for a fairer system
As a champion for New Zealand’s innovation, manufacturing, and export sectors, Chapman Tripp Patents has helped develop this Bill at every opportunity. Our submission supports the proposed changes, but also calls for even greater transparency—specifically, removal of outdated secrecy provisions that have no place in a modern, open patent system.
We believe that open and fair patent processes are essential to unlocking the full potential of Kiwi ingenuity, supporting exporters, and attracting investment to our shores.
Looking ahead
The Patents Amendment Bill is a necessary and timely step forward. Chapman Tripp Patents urges Parliament to enact these reforms swiftly
If your business relies on innovation, or if you have questions about how these changes may affect your intellectual property strategy, our expert team is here to help. Contact Chapman Tripp Patents to discuss how we can support your success in New Zealand and beyond.
