On Saturday, January 10, 2015 at 1:33:41 PM UTC+13, Sylvia Else wrote:
On 10/01/2015 11:04 AM, William Mook wrote:
On Friday, January 9, 2015 at 8:32:22 PM UTC+13, Sylvia Else wrote:
On 9/01/2015 4:38 PM, William Mook wrote:

Patent applications are granted after an examination process by
the Intellectual Property Office of New Zealand. The applicant
may not under New Zealand law disclose or publicize in any way
any detail for which patents are being sought.

Convenient for you.

How so? Its actually a damn nuisance, as you pointed out
previously.


But also wrong, I think,

I prefer to take the advice of someone who actually practices IP law
in NZ rather than your gut instinct.

Why would you assume I posted before looking at the relevant legislation?

Why do you assume I'm talking about what you did online? I merely assume you know less about NZ IP than my patent attorney who practices IP law in NZ.. I believe the assumption is a sound one.

at least once the patent application has been filed.

Once the patent has been issued certainly. Prior to that, no
information that appears in the application can be made public. Now,
those whom you have special relationships with; employees, vendors,
clients, who are told that the information is confidential and agree
to keep its confidentiality, can see information on a need to know
basis.

Care to cite the relevant part of the legislation?

You have already cited the relevant legislation below. Section 76 to
82 discuss when information may be published and the impact of
publication on the patent process.


Those sections relate to obligations on the commissioner to publish
certain information.

Correct.

The relevant section for publication by you is section 57.

Correct. I was looking for that, but glad you found it.

"A patent is not invalidated--

(a) by reason only that the invention, so far as claimed in a
claim, has been made available to the public (whether in New Zealand or
elsewhere) on or after the priority date of the claim by written or oral
description, by use, or in any other way;"

Which is the normal state of affairs. Once you've invented something and
filed your patent application, thus establishing your priority date,
you're free to start commercialising it

Your contention that the USA and NZ are comparable with regard to publicizing information before the priority date is in error. Establishing a priority date is something I can initiate certainly, but must be completed by the NZ patent office - (please look at the helpful flow chart on that website you're reading from) and unlike the USA, I cannot discuss anything until these dates are established by the NZ PO.

without waiting for the patent
to be granted, secure in the knowledge that, provided the patent is
eventually granted, your interests are protected.

Publicity prior to the priority date is the issue. Your contention that the USA and NZ laws are comparable wrt publicity before a priority date is established is in error. Your contention that I have established priority with the NZ patent office is in error. On this basis, your conclusions are wrong.

If your IP professional is telling you otherwise, it's time to get
another professional.

On what basis? That someone on the internet who has no experience whatever in NZ IP knows more than they? lol. I prefer to listen to those here that have actual experience in these matters.

Sylvia.

I have several patents already issued in the USA, and I have some interest in obtaining a range of patents in NZ, but cannot discuss the details of that yet.

The professional I have retained has pointed out to me that the USA allows inventors to market their ideas before the patent office is notified and has accepted the patent. NZ does not have such a lenient view. This is a matter of how each agency is likely to act, based on how they have acted in the past.