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NEW ZEALAND: New Zealand divisional filing practice warning.

New possibilities for applying for priority examination at the BRPTO.

Any interested party can now request priority examination status for a patent application by another applicant. It would have to prove that: (i) it has been accused by the applicant of reproducing the object of the patent application, or (ii) it holds a patent application or a granted patent for a technology which is equivalent to that of the application or the holder of technology which is equivalent to that of the other patent application. Furthermore, in order to be eligible for priority examination status a national patent application (either filed with the BRPTO or under PCT) must also later be filed abroad. This initiative has duration of only one (1) year and it is limited to a maximum of one hundred (100) patent applications.