New Zealand Law Society - Submissions sought on TPP patent term extensions

Submissions sought on TPP patent term extensions

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The Ministry of Business, Innovation and Employment (MBIE) has released a consultation document seeking feedback on proposed regulations to implement the patent term extension provisions set out in the Trans-Pacific Partnership Agreement Amendment Bill.

The regulations will allow patent owners to request an extension of the patent terms 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.

The closing date for submissions is Monday, 8 August 2016. Further information on the consultation document and submissions process can be obtained from TPP.IP.Policy@mbie.govt.nz.