The owner of a patent is granted a 20 year monopoly to manufacture, sell, licence, import and use the patented product or process. However before a patent is filed, it is important to determine who is entitled to apply for it to avoid both potential disputes and/or patent invalidity....
Patentable subject matter A wide variety of subject matter is patentable including new products, processes, software and business plans, as well as improvements to existing technology. For more information on what is patentable in New Zealand read our information sheets: "Patentable subject matter in New Zealand"...
To file a patent application, we require: The full name, address and nationality of the inventor(s); The full name, address and nationality of the applicant(s), if the applicant for the patent is not the inventor (e.g. if the applicant is a company). It is important that...
The usual procedure for patenting an invention is summarised below. Typical time periods are shown but it should be appreciated that the procedure for obtaining a patent can be accelerated if it appears pending rights could be infringed. An application may be abandoned at any stage. As...
In New Zealand, once a patent application is accepted it is published in the IPONZ Journal. Following publication, there is a three month period where interested parties can object to the grant of the application. This objection process is known as a patent opposition. To oppose...
Challenging a granted patent If you have gone to the effort and expense of securing a granted patent in New Zealand, chances are you want to ensure the patent will keep your competitors at bay until the end of the patent term. Once a potential infringer...
Patent protection can be obtained for inventions in over 153 countries via the Patent Co-operation Treaty (PCT). New Zealand businesses have eagerly adopted this procedure since New Zealand became a member of the PCT in December 1992. A PCT application does not result in the grant...
Filing New Zealand applications overseas A patent is a territorial right, meaning that separate applications must be filed in each country in which protection is required. Patent protection can be obtained for inventions in over 141 countries via the Patent Co-operation Treaty (PCT). A PCT application does not...
Accepted/acceptance Refers to the status of a patent application which has been examined by the receiving office (in New Zealand, the Intellectual Property Office of New Zealand or IPONZ) and given conditional approval. The application will then typically be advertised in the Patent Office Journal for...
What is a patent? A patent is a proprietary right in an invention. It provides the owner with the exclusive right for up to 20 years to make, sell or use a product or process. In exchange for this monopoly, the patent is published so others...