Patent Protection in New Zealand
[ Last Updated 23 June 2009 ]
Contents
Please read the Ministry's disclaimer notice.
What Is a Patent?
A patent is a time limited right granted under the Patents Act 1953 ("the Act") for any invention that is a "method of new manufacture".
The New Zealand register of patent is administered by IPONZ. Read more about Patent on the IPONZ website.
International Patent Law
New Zealand is a party to the Paris Convention for the Protection of Industrial Property 1883 and, as a Member of the World Trade Organisation (WTO), the Agreement on the Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement).
What Qualifies for Patent Protection?
In New Zealand the two main criteria for the granting of a patent are:
- It is new: An invention is considered to be new if a description of the invention has not been published in New Zealand before the filing date of the application. No notice is taken of information published outside New Zealand but not publicly available within New Zealand.
- It is a "manner of new manufacture": This has been interpreted by the Courts to exclude such things as "products of nature", mathematical operations, bare principles, mathematical algorithms, schemes or plans and methods of medical treatment of humans.
As a condition of the granting of a patent, a full description of the invention is required.
What Does Not Qualify for Patent Protection?
A patent will not be granted for things that do not qualify as a "manner of new manufacture".
Rights Conferred By a Patent
The grant of a patent for an invention provides the owner with a right to exclude others from making, using or selling the patented invention during the term of the patent. In return for the grant of a patent, the owner must make public a complete description of the invention.
How Long Does Patent Protection Last?
A patent will last for twenty years from the date that Intellectual Property Office of New Zealand (IPONZ) receives a complete application provided that the renewal fees are paid at the end of the fourth, seventh, tenth and thirteenth years of the patent's existence.
How Do You Protect Your Invention?
Searching for Patents
Before applying for a patent it is advisable to conduct a search to assess the originality of your invention. By searching both New Zealand and overseas patents, an applicant is able to see whether a similar invention has already been developed or published. Searching the patent database could also indicate the possibility that an invention may infringe someone else's patent, if continued use is made of it.
It is possible to search patents in the following places:
- the database on the IPONZ website;
- Patent databases on the Internet;
- New Zealand libraries hold a range of technical material that may be of assistance.
Making an Application
In New Zealand, IPONZ is the government agency responsible for the examination of patent applications. Applications can be filed through the IPONZ online application service.
A completed application form, the appropriate fee, and either a provisional specification or a complete specification must accompany a patent application.
A provisional specification contains a broad description of the invention and is a preliminary to filing a complete specification. A provisional specification is not examined and its purpose is to establish a "priority date" for the application. A complete specification must be filed within fifteen months of the date of filing of the provisional specification, otherwise the application is considered abandoned.
A complete specification must contain claims defining the scope of the right sought by the applicant, in addition to a full description of the invention. The complete specification is examined, and any objections made by the examiner must be overcome within the time limits specified by the examiner (usually eighteen months from the date of the examination).
If a patent application is accepted for grant, the patent specification is published. After three months, if there is no opposition to the granting of a patent, the patent will be sealed and granted.
When IPONZ receive your application it is given a filing date. This date, the "priority date" is important because protection or priority over other applications will run from this date.
How Much Does It Cost?
The fees for obtaining patent protection are subject to change. The current fees can be viewed on the IPONZ website. Click here to see the fees.
Patent Protection Overseas
A patent will only protect your invention within New Zealand. To obtain overseas patent protection, two options are available:
- Filing applications with intellectual property offices in overseas countries of interest; or
- Filing an International Application under the Patent Co-Operation Treaty (PCT).
Further Information
Contact Details
Latest Developments
→ Latest Developments in Intellectual Property in New Zealand
Useful Websites
→ Useful Intellectual Property-Related Websites
Applying for PatentProtection
More Detailed Information
IPONZ have also have more detailed information about patent protection. Please see Patent.
Legal Advice
The Ministry of Economic Development is not able to provide legal advice. If you have concerns about your legal position, please contact a legal professional familiar with the law relating to intellectual property. You can search for an intellectual property lawyer in the following places:
- in the Yellow Pages;
- on the website of the New Zealand Law Society where you can find the district law society nearest you. The district law society may be able to assist you in finding a legal professional; or
- you can view the list of New Zealand registered patent attorneys on the IPONZ website.
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