On 2 June 2026 the New Zealand Parliament passed an amendment to the Patents Act 2013 (2013 Act). The 2013 Act replaced the Patents Act 1953. The 2013 Act included transitional provisions that allowed patent applications filed under the 1953 Act, and any divisional patent applications relating to them, to be considered under the earlier and more lenient 1953 Act. With no deadline for filing divisionals, and the ability to indefinitely “daisy-chain” further divisional applications, this has long been perceived as a problem.
The new amendment Act aims to cure that problem by providing that any future 1953 Act divisional applications will only be accepted for grant if the Commissioner of Patents is satisfied on the balance of probabilities standard, that the invention claimed in the application meets the novelty, inventive step and support requirements of the 2013 Act. These criteria will also apply to any opposition, revocation, and re-examination proceedings concerning these divisional applications.
While the amendment signals a clear legislative intent to close the gap between the legacy and modern patent regimes, it received criticism at both draft stage and before a Parliamentary committee, for being made too late to make any practical difference. This reform was first proposed by the government as long ago as 2016. At that time, there were still a significant number of 1953 Act applications under examination from which divisionals could be filed. During the legislative process, the number of these applications has dwindled from around 70, when the draft amendment Bill was published, to 52 when it was passed by Parliament. Of these 52, 27 are owned by the medtech company Resmed, which has been involved in a long-running legal battle with New Zealand company Fisher & Paykel Healthcare.
The Amendment Act will come into force once it receives Royal assent, leaving a window of perhaps a few days from now for any last-minute divisionals to be filed for examination under the 1953 Act standard. Those keeping a watch on any 1953 Act applications ought to be aware that any divisionals filed after that Assent is given will be examined under the higher modern standard. Oppositions to these may have a higher chance of success, compared to their parent applications, as they will be considered under that same higher standard.
Updates on the Bill and its passing into law can be viewed here
If you would like tailored advice on any of the developments covered, our team would be pleased to assist. Contact info@pearceIP.law.
About Pearce IP
Pearce IP is a privately owned/independent, specialist, life-sciences focussed, intellectual property/law firm offering lawyers and attorneys in Australia and New Zealand.
Our lawyers and attorneys specialise in pharma, biopharma, biotech, ag-tech, food-tech, med-tech, although our work is broader than these industries.
In 2025, Pearce IP was honoured by Australasian Lawyer and New Zealand Lawyer as a Top Specialist Firm, 5 Star Employer of Choice, and the “Standout Winner” for Inclusion and Culture (<100 employees). Pearce IP and its leaders are ranked in every notable legal directory including: Chambers & Partners, Legal 500, IAM Patent 1000, IAM Strategy 300, MIP IP Stars, Doyles Guide, WTR 1000, Best Lawyers, WIPR Leaders, Best Law Firms, among others.
Pearce IP is the only leading IP firm in Australia and New Zealand with a female founder, and is certified by WEConnect International as women owned.
Paul Johns
Executive, Lawyer (Head of Litigation – New Zealand)
Paul is an intellectual property dispute resolution specialist with more than 24 years of experience across New Zealand and the UK. Paul is a seasoned lawyer, IP strategist, and Head of Pearce IP’s litigation team in New Zealand. Paul appears in cases before the New Zealand Court of Appeal and High Court of New Zealand, as well as the New Zealand Intellectual Property Office and IP Australia
Paul is experienced in managing contentious disputes regarding all types of intellectual property and related issues, including patents, copyright, trade marks, designs, confidential information and consumer law. With a background in molecular genetics, Paul has acted for clients across a vast range of industries, including pharmaceuticals, biotechnology, animal health, med-tech, food & beverage technologies, heavy vehicle engineering, fashion, hospitality, and entertainment. Paul is recommended for litigation in the IAM Patent 1000, rated for enforcement and litigation in the WTR1000, ranked for Intellectual Property Asia-Pacific in Chambers, and recognised for Intellectual Property and Litigation in Best Lawyers.
Sally Paterson
Executive, Lawyer (NZ), Patent & Trade Mark Attorney (AU, NZ)
Sally is a senior Trans-Tasman Patent and Trade Mark Attorney, and a New Zealand registered lawyer with over 20 years’ experience in IP. Sally’s particular expertise is in life sciences, drawing from her background in biological sciences. Sally is well respected in the New Zealand IP community for her broad ranging skills in all aspects of intellectual property advice, protection and enforcement. Sally has extensive experience securing registration for patents, designs and trade marks in New Zealand, Australia and internationally, providing strategic infringement, validity and enforceability opinions, acting in contentious disputes including matters before the courts of New Zealand and before IPONZ and IP Australia, and advising on copyright and consumer law matters.
Mathew Lucas
Executive, Patent & Trade Mark Attorney (AU, NZ)
Mathew Lucas is an Executive Patent & Trade Mark Attorney with over 25 years’ experience in patent prosecution, oppositions, freedom-to-operate advice, litigation support, and strategic IP advice, focusing on the life sciences sector including pharma/biopharma, chemistry, materials science, diagnostics and biotechnology. He has drafted more than 500 patent specifications across a wide range of technologies.
Mat holds a PhD in Chemistry from the University of Melbourne and completed post-doctoral research at the University of Illinois (Chicago) and the University of Adelaide in areas including radical chemistry, diagnostic technologies and therapeutic compounds.
