This Government bill amends the Patents Act 2013 to apply stricter criteria to divisional applications filed under the older Patents Act 1953, so they are examined in broadly the same way as applications under the 2013 Act. It was enacted as the Patents Amendment Act 2026.
Parliament advanced this bill under urgency (committee of whole house, second reading, third reading) — moving it through faster than usual, with less time than normal for public submissions.
The bill amends the Patents Act 2013 so that certain "divisional" patent applications are examined under the stricter standards of the 2013 Act rather than the older Patents Act 1953. A divisional application splits part of an earlier application into a separate one while keeping the original filing date. Because of transitional rules, a group of applications tracing back to the 1953 Act could still be examined under its more lenient tests. The bill applies broadly the same, tougher criteria used for modern applications. It mainly affects patent applicants, including pharmaceutical firms, and the Intellectual Property Office (IPONZ).
The change was developed through official consultation to close a long-running transitional gap sometimes described as a loophole for a small pool of aging "dinosaur" applications. Supporters argue it holds these applications to the same higher inventiveness bar as everyone else, discouraging weak or "evergreen" patents that can delay cheaper generic products and raise costs. Opponents note it changes the rules for applicants who relied on the older regime and affects only a limited number of long-pending applications.
See the Parliament.nz ↗ site for the full bill.