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Articles by Gareth Dixon
New Zealand | The Changing Shape Of Patent Prosecution
New Zealand patent prosecution is distinct from Australia, requiring applicants to make key decisions earlier than they might expect. Australian and New Zealand patent applications may begin with the same specification, but they cannot be prosecuted on the assumption that the same strategy will work in both jurisdictions. New Zealand’s divisional deadline and compressed prosecution timetable can close off options earlier than applicants expect.
Agenda – 26 August 2026
Agenda - LGPSAB Meeting 26 August 2026 Download
New Zealand | Patents Amendments Act 2026: The Great Kiwi Divisional Dash
Spruson & Ferguson are most popular: within Food, Drugs, Healthcare, Life Sciences, Litigation, Mediation & Arbitration and Law Department Performance topic(s) with Senior Company Executives, HR and Inhouse Counsel in Oceania with readers working within the Accounting & Consultancy, Banking & Credit and Technology industries On 2 June 2026, the New Zealand Parliament passed its Patents Amendments Bill 2025, which stood to address a long‑standing inconsistency in New Zealand patent law.
Annual Report 2023/2024
On behalf of the Scottish Local Government Pension Scheme Advisory Board, I am delighted to be able to present the eighth SLGPSAB Annual Report. The aim of this Annual Report is to provide a primary source of information about the work of the Board over the last financial year, 2023 – 24 for LGPS members, employers, and other stakeholders. The Board welcomes feedback on the information provided and how this can be developed for future reports.
Guide To Differences In Patent Prosecution
While both jurisdictions share common roots, namely the Statute of Monopolies 1623, the Australia and New Zealand patent systems diverge in some aspects. This insight offers a practical guide, providing a side-by-side comparison of the key differences and similarities to help clients navigate the two patent systems with greater certainty. The final acceptance deadline is 12 months from the date of issuance of the First Examination Report.
Patents Amendment Bill 2025 barely raises a murmur during first Parliamentary Reading
Political motivations aside (more on this, below), the Government appears to be sticking to its guns in terms of fast-tracking the legislation. The Bill had its first Parliamentary Reading on 17 July 2025, which was said to be "uneventful". Unpack the content of the Bill and one quickly understands why rip-roarious debate didn't ensue... The Bill seeks to remedy New Zealand's patent "divisional problem".
Australia second in cleantech growth - tips for in-house counsel
Among 19 major economies surveyed, Australia ranked second in terms of growth* in "cleantech" patent filings – technologies that may lessen, nullify or even reverse the environmental impact of an existing product or process. While patent filings are not the only proxy for innovation, they're acknowledged as a fairly good indicator. Over recent years, many companies across the energy ecosystem have "gone green".
Australia second in cleantech growth - tips for in-house counsel
The 2024 IP Report from IP Australia confirms what has been bubbling under for a while now: Australia is a hotbed for innovation in the renewable energy sector. Among 19 major economies surveyed, Australia ranked second in terms of growth* in “cleantech” patent filings – technologies that may lessen, nullify or even reverse the environmental impact of an existing product or process. While patent filings are not the only proxy for innovation, they’re acknowledged as a fairly good indicator.
Federal Budget 24-25 "Future Made in Australia" features for cleantech
Treasurer Jim Chalmers delivered his third Federal Budget on Tuesday, 14 May 2024, featuring the promised details and costings of the recently announced Future Made in Australia Act, and more specifically, what was in it for the Australian cleantech ecosystem. I'd foreshadowed some of this in my previous article, which was necessarily light on specifics.
Federal Budget 24-25 “Future Made in Australia” features for cleantech
Treasurer Jim Chalmers delivered his third Federal Budget on Tuesday, 14 May 2024, featuring the promised details and costings of the recently announced Future Made in Australia Act, and more specifically, what was in it for the Australian cleantech ecosystem. I’d foreshadowed some of this in my previous article, which was necessarily light on specifics.
Future Made in Australia Act
The recently announced Future Made in Australia Act may turn out to be the shot in the arm the Australian cleantech sector has been waiting for... We've written and spoken a fair bit recently regarding "cleantech" and IP's role in this vogue sector. A lot of it comes back to an inherent tension between incentivising innovation in cleantech and the public good in allowing climate-mitigating technologies to be monopolised.
Giving Indigenous people a say in patentability: a tale of two countries - Patent - Australia
With the current media focus on indigenous rights, in this article we will briefly consider some aspects of patent law as it pertains to the rights of indigenous populations, in particular: What is indigenous knowledge; What patent protections are currently available in Australia and New Zealand; and What the effects of an advisory body have been in New Zealand.
Giving Indigenous people a say in patentability: a tale of two countries
With the current media focus on indigenous rights, in this article we will briefly consider some aspects of patent law as it pertains to the rights of indigenous populations, in particular: What is indigenous knowledge; What patent protections are currently available in Australia and New Zealand; and What the effects of an advisory body have been in New Zealand.
The history of the cricket bat, as told in the patent literature
The ICC Men's Cricket World Cup takes place this year in India and runs from 5 October to 19 November. Ten teams will compete over 48 matches in the one-day/50-over format. England are the current holders, having (almost) won on home soil back in 2019, while India, with such fervent support and more than a little local knowledge will be hopeful of becoming just the fourth host nation to lift the trophy.
Patents that missed selection for the 2023 Rugby World Cup
The Rugby World Cup is the third most-viewed sporting event in the world. Twenty teams, one winner. The 2023 edition kicks off in France on 9 September 2023, and shapes as one of the most open yet, with up to eight nations peaking at the right time and no real inter-hemisphere competition over the past ten months to act as a comparator. On its face, rugby is a "pick-up" game that requires little by way of fancy or elaborate kit with which to compete.
Patents that missed selection for the 2023 Rugby World Cup
The Rugby World Cup is the third most-viewed sporting event in the world. Twenty teams, one winner. The 2023 edition kicks off in France on 9 September 2023, and shapes as one of the most open yet, with up to eight nations peaking at the right time and no real inter-hemisphere competition over the past ten months to act as a comparator. On its face, rugby is a “pick-up” game that requires little by way of fancy or elaborate kit with which to compete.
Patent filing strategies in the Gulf Cooperation Council
The Gulf Cooperation Council economies have grown and diversified in recent decades with an emphasis in shifting from a petroleum-based industry to a diversified economy. The region represents one of the world's fastest growing markets. The six-member GCC is composed of the United Arab Emirates, Saudi Arabia, Qatar, Oman, Kuwait, and Bahrain. As a result of this remarkable economic growth, clients have shown increased interest in filing patent applications throughout this region.
South Korea signals intention to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership - - Australia
South Korea has recently decided to join the "CPTPP", otherwise known as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. The CPTPP is what remains of the "TPPA-11" (which was itself, what remained of the Trans-Pacific Partnership ("TPP") Free Trade Agreement following the withdrawal of the United States).
Chocolate, bunnies and buns: An eggs-amination of Easter-related patents
It's fast approaching Easter, and apart from being a Christian festival commemorating the crucifixion and resurrection of Jesus, and a couple of days off, what is it all about? Well, chocolate, bunnies and buns of course. Even these aspects of Easter are subject to innovation. We'll start with a couple of the public holidays, Good Friday and Easter Sunday, and Easter holidays in general. These days aren't fixed.
Reimagining New Zealand patent best practice
To print this article, all you need is to be registered or login on Mondaq.com. The notion of what constitutes "best practice" when it comes to prosecuting a patent application before any national patent office is necessarily subjective, and New Zealand is no exception.
Dead or alive: Statuses, patent expiries and kind codes – Part 3 - Intellectual Property - Australia
Australia: Dead or alive: Statuses, patent expiries and kind codes – Part 3 29 August 2021 by Frazer McLennan and Gareth Dixon Shelston IP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. I'm exploring statuses, patent expiries and kind codes in a three part series of articles. The first article on statuses can be found here, and the second article on patent expiries can be found here.
Double patenting in New Zealand – you possibly did not need an oracle to see this one coming - Intellectual Property - Australia
To print this article, all you need is to be registered or login on Mondaq.com. Double patenting has been seen as a significant issue in New Zealand patent law ever since the introduction of the Patents Act 2013 – and with it, the removal of any discretion on the part of an examiner.
Patents, dead or alive: Status, expiry dates and kind codes – Part 1 - Intellectual Property - Australia
To print this article, all you need is to be registered or login on Mondaq.com. You've found a patent of interest but how do you know if it's dead or alive, and if alive, when it expires, and what exactly do those kind codes indicate? I'll explore all these in a three part series of articles, starting with where to find status information and what it means.
World IP Day 2021 – IP and SMEs make strange bedfellows – at least, in Australia - Intellectual Property - Australia
To print this article, all you need is to be registered or login on Mondaq.com. WIPO's annual "World IP Day" is 26 April 2021. This year's theme is "IP & SMEs: Taking your ideas to market". Now, in most developed countries, one could develop a compelling narrative around this. But it's slightly more complicated here in Australia, because the two don't mesh quite as they should.
Australian Government looks to bring defence export controls and patents into focus (again)
To print this article, all you need is to be registered or login on Mondaq.com. Defence export controls (limitations on exporting "sensitive" Australian technologies) and intellectual property (especially patents) have been linked for the best part of a decade. A 2018 review predicated on strengthening the restrictions appeared to go nowhere - that is, until an interesting article in this morning's Guardian hinted that tightening the laws is still very much on the cards.
Looking for a patent database? Need a little Inspire-ation?
Australia: Looking for a patent database? Need a little Inspire-ation? 05 April 2021 by Frazer McLennan and Gareth Dixon Shelston IP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
COVID-19 update: the end of streamlined extensions for patents, trade marks and designs at IP Australia and what do from 1 April 2021 if you need an extension of time - Intellectual Property - Australia
Australia: COVID-19 update: the end of streamlined extensions for patents, trade marks and designs at IP Australia and what do from 1 April 2021 if you need an extension of time 31 March 2021 by Serena White DPhil and Gareth Dixon Shelston IP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
COVID-19 update: IP Australia has now extended its streamlined relief measures until 31 January 2021 to provide more certainty over the holiday period - Intellectual Property - Australia
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Update: New extended deadline of 30 November 2020 for requesting extensions of time at IP Australia when a deadline cannot be met due to COVID-19
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Update: New extended deadline of 31 October 2020 for requesting extensions of time at IP Australia when a deadline cannot be met due to COVID-19
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A practical guide: Commonly asked questions during patent prosecution in Australia and New Zealand
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Tricks of the trade: There is a word for that (and usually many more)
To print this article, all you need is to be registered or login on Mondaq.com. When Winston Churchill said, "broadly speaking, the short words are the best, and the old words best of all", he (most likely) wasn't speaking about the words found in patent specifications. However, in saying that, he is both right and wrong. Old, short words would be described today as "plain English".
Update: New extended deadline of 30 September 2020 for requesting extensions of time at IP Australia when a deadline cannot be met due to COVID-19
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IP Australia official fee changes – for better or worse…? - Intellectual Property - Australia
To print this article, all you need is to be registered or login on Mondaq.com. Official fees payable to IP Australia are changing as of 1 October 2020. In this article, we cover off the changes in relation to patent fees only. However, trade marks, designs and PBR fees will change also and will no doubt be the topic of other articles across our local industry. Whereas the economic rationale for the increases appears sound, the timing of the changes is perhaps less than ideal.
New Zealand patent drop-dead divisional deadline… drops dead
To print this article, all you need is to be registered or login on Mondaq.com. New Zealand patent practice has long operated on a "drop-dead" deadline for the filing of a divisional application – once the would-be "parent" case is accepted, the facility to file a divisional application expires, irrespective of the circumstances.
IP Australia extends period for requesting extensions of time for deadlines which cannot be met due to COVID-19
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World Intellectual Property Day 2020 – Innovate for a green future - Intellectual Property - Australia
To print this article, all you need is to be registered or login on Mondaq.com. 26 April is World Intellectual Property Day, WIPO's annual celebration of all things IP. This year, the theme is "innovate for a green future". WIPO's website perhaps sums it up best: "World IP Day 2020 puts innovation – and the IP rights that support it – at the heart of efforts to create a green future. Why? Because the choices we make today will shape our tomorrow. The earth is our home. We need to care for it".
Get your Australian innovation patents filed by 26 August 2021
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Australian innovation patent system to be abolished by legislation now passed in Federal Parliament
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How New Zealand patent applicants can beat the 13 February 2020 fee hike
To print this article, all you need is to be registered or login on Mondaq.com. On 13 February 2020, the Intellectual Property Office of New Zealand (IPONZ) will increase many of its fees – and add several new ones. As with any fee hike, some are justified more easily than others, some are "idiosyncratic" – and importantly, within the context of this article, some are avoidable altogether.
The status of the Australian innovation patent how full is the glass?
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