What does a patent require?

In order to be granted, a patent application generally requires the filing of a complete specification which:

1. discloses the invention in a manner that is clear enough and complete enough for the invention to be performed by a person skilled in the art;

2. discloses the best method of performing the invention that is known to the applicant; and

3. ends with a claim or claims defining the scope of the invention claimed.

The key requirements for a claim of patent to be granted in respect of an invention in most jurisdictions including New Zealand and Australia are that it must:

1. be novel - must not be known or have been used anywhere in the world before the priority date of the relevant claim.

2. involve an inventive step – must not be obvious to a person skilled in the art in view of the prior art;

3. be useful; and

4. be clear, concise and relate to a single invention only.

If you are considering filing a patent we recommend discussing your invention and the above requirements with a patent attorney. The above requirements constitute a brief overview of the minimum filing requirements. Your application will be judged against specific legal standards which a patent attorney can advise you on.