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NEW ZEALAND: New Zealand divisional filing practice warning.

The Intellectual Property Office raises the bar on post-grant amendments.

On July 19th, 2016 the IPO announced that post-grant amendments may not be possible if: (i) A full disclosure of all relevant matters in relation to the proposed amendments was not provided by the patentee, (ii) there was an unreasonable delay in seeking the amendments, or (iii) an unfair advantage was obtained by delaying the amendments which the patentee knew to be needed. This criterion will apply to all pending and new request for post-grant amendments.