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19 July 2021 Davies Collison Cave
The New Zealand Patent Office (
IPONZ)
has traditionally applied a hardline approach to double patenting,
particularly in relation to parent-divisional claim overlap.
However, IPONZ has now issued its first decision on double
patenting under the 2013 Act in
Oracle), heralding a relaxing of the
approach to the assessment of double patenting. As a result of this
decision, it is likely that IPONZ will only raise double patenting
objections where a claim in a divisional has substantially the same
scope as a claim in its parent.
Relevant provisions
For applications filed under the 2013 Act, i.e., having an