Consultation on the proposed regulations for patent term extension provisions under the Trans Pacific Partnership Agreement (TPPA) has been announced.  The TTPA Amendment Bill contains amendments to New Zealand legislation required to implement New Zealand's obligations under the TPPA. Interested parties can make submissions on the consultation document by 8 August 2016.

The consultation document can be found here.

The proposed regulations relate to provisions in the TTPA Amendment Bill that will allow patent owners to request an extension of the patent term if there has been:

  • an unreasonable delay in the granting of a patent; or
  • an unreasonable curtailment of the effective term of a patent covering a pharmaceutical substance or biologic pharmaceutical due to delays in Medsafe's marketing approval process.

Submissions have been requested on procedural issues such as:

  • the information that must be provided with the request for extension of term;
  • proposed time limits within which applications must be lodged;
  • the procedure for third parties to oppose proposed extensions; and
  • the time periods to be disregarded when deciding whether there has been an unreasonable delay in the grant of a patent.