Have Your Say: Consultation on proposed patent term extension regulations

Submissions closed at
5pm on Monday, 8 August 2016
Consultation document PDF Document 364kb


On 11 July 2016, Ministry of Business, Innovation and Employment released a consultation document seeking feedback on proposed regulations to implement the patent term extension provisions in the Trans-Pacific Partnership Agreement Amendment Bill. The Bill will, when it enters into force, amend the Patents Act 2013 to provide for patent term extensions for:

  • Unreasonable delays in patent grant; and
  • Unreasonable curtailment of the effective patent term as a result of the Medsafe approval process.

The proposed regulations mainly relate to procedural matters, including:

  • The manner in which requests for extension of term must be made;
  • The information that must be provided (in addition to that required by the TPPA Bill) with requests for extension;
  • Time limits for requesting an extension of term;
  • Procedures by which third parties can oppose the grant of extensions of term for unreasonable curtailment, including the time limits by which oppositions must be made.

In addition, the Bill provides for regulations to be made setting out time periods to be disregarded when determining whether there have been unreasonable delays in grant. These “disregarded periods” will be ignored when deciding whether there has been unreasonable delay in grant.

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Business Law
Commerce, Consumers and Communications Branch
Ministry of Business, Innovation and Employment
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PO Box 1473

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