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Patent FAQs
A patent protects the way something works and is essential when looking to commercialize an idea.
What does a patent require?
In New Zealand for a patent to be granted in respect of an invention, it must be novel, involve an inventive step, and be useful. In order to be considered novel, the invention must not be known or have been used anywhere in the world before the patent is applied for.
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Can I use my invention before getting a patent?
You cannot publish or use your invention before you get a patent. This means you can't show others or use it/sell it publicly or secretly.
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Doing so will mean your invention is no longer "novel" and cannot be patented.
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What does a patent cover and for how long?
A patent can be kept in force for a period of time up to 20 years. During this time the patentee has the exclusive right to make, use and sell the patented invention.
Someone else is using my patent. What can I do?
If someone else is using your invention and it is not registered, unfortunately there isn't much you can do. This is why it is important to keep your invention secret until it is registered.
If someone if using your registered patent, then you can bring proceedings in court to have the infringement stopped and damages may be awarded as compensation. If you don't want to engage in litigation, you can contact a lawyer and start a dispute settlement process.
Does a patent mean I'm protected globally?
No, a patent only covers the country it is registered in. You have to file an application in another country if you wish to register your rights there.
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However, you have a 12 month period following a registration in New Zealand to claim priority in another country using your original filing date. This means that if someone else is attempting to register your patent in another country after the date you have registered it in NZ, you can file an application in that country with an earlier date from your NZ application and thus gain priority for registration.
Can I file more than one application internationally at once?
New Zealand is a member of the Patents Cooperation Treaty (PCT). There are 150 member countries who can be designated on an "international patent application" when filing a single application in New Zealand.
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​This method streamlines the process of applying in other countries. The application then enters the "national phase" in which fees and potential translations are required, and then the national patent office begins the processing of assessing if a patent should be granted. An international patent application should be filed within 12 months from the date of filing of the New Zealand application.
How does filing for a patent work?
You can file a patent application at the Intellectual Property Office in two ways. Firstly by way of a provisional patent specification, which contains an general overview of your invention. You then have 12 months to file a complete specification, which requires a title, description and the "claims" of your invention. Claims detail the scope and boundaries of your invention.
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Provisional patents can buy you time whilst you ready your application, and can be used to establish a priority filing date if it sufficiently matches and supports the complete specification.
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You can also file a complete specification as your first step in order to get your patent examined faster.
Can I patent the way something looks?
Patents don't cover the way something looks. Patents cover the a new way something works or a new solution.
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If you're interested in protecting a brand name or logo, see trade marks. If you're interested in protecting a creative work, see copyright. If you're interested in protecting the visual design of a product, see designs.
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Is a patent an asset?
Yes, a patent is an intangible asset that gives your property rights over your invention. It can be sold, assigned or licensed in exchange for compensation.
