1 November 2023
Ref: DOIA 2324-0751
Wayne Hudson
[FYI request #24324 email]
Tēnā koe Wayne Hudson
Thank you for your email of 3 October 2023 to the Ministry of Business, Innovation and Employment
(MBIE) requesting, under the Official Information Act 1982 (the Act), the following information:
MBIE's website describes the Trans-Tasman patent attorney registration regime at
https://www.mbie.govt.nz/have-your-say/review-of-the-trans-tasman-patent-
attorney-registration-regime/. It contains a statement that "Only a registered
patent attorney may provide you with professional assistance to ... get advice on
the validity of patents and their infringement. It is an offence for anyone else to
either provide such assistance...."
According to section 274(10) of the Patents Act, it is not an offence for someone
who is not a patent attorney to give scientific and technical advice on the validity
and infringement of patents.
Can you therefore please provide me with all information, internal memos and
correspondence that resulted in the decision to use the particular wording on MBIE's
website as a substitute for the legislative definition for offences (which effectively
allows anyone to give scientific and technical advice on the validity and
infringement of patents).
The webpage you refer to is one of many
Have your say webpages about various public consultations that
MBIE is either currently undertaking or has undertaken. All
Have your say webpages follow the same
format, including providing a brief description with appropriate background information for context, on
the matter or issue that public is being (or was) invited to make a submission on.
The purpose of the paragraph you have identified in the
Have your say webpage for the joint review of
the Trans-Tasman patent attorney registration regime was to provide a high level decription of the
regulated services that only registered patent attorneys may provide in New Zealand and Australia.
We have not been able to identify any internal memos, correspondence or other documents related to
any decision to use the particular words to which your request relates to. The paragraph was drafted by a
senior advisor working with IP Australia on the joint review of the Trans-Tasman patent attorney
registration regime. The particular choice of words used to describe the regime on the consultation page
do not appear to have been subject to any internal decision-making process. Therefore, I must refuse
your request under section 18(e) of the Act, as the requested information does not exist, or despite
reasonable efforts to identify it, cannot be found.
If you wish to discuss any aspect of your request or this response, or if you require any further assistance,
please contact
[email address].
You have the right to seek an investigation and review by the Ombudsman of this decision. Information
about how to make a complaint is available at www.ombudsman.parliament.nz or freephone
0800 802 602.
Nāku noa, nā
Gillian Sharp
Manager, Corporate Governance and Intellectual Property Policy
Small Business, Commerce and Consumer Policy Branch