Patents

Getting started

A patent is a right that is granted for an invention.

You can patent a new product or process, the material it is made from, or how something is made.

A New Zealand patent gives protection within New Zealand. To obtain patent protection in another country, a patent application needs to be filed in that country, or in a region including that country.

When you apply for a patent, you must describe the invention. Your invention must be novel, involve an inventive step, and be useful.

Be careful about revealing details of your invention to other people before you have filed your application – doing this may cause your application to be declined.

• Apply for a patent

  You must prepare your documentation before you file a patent application.

• Search existing patents

  Before making an application it is a good idea to check that the invention hasn't already been patented.

• Fees

  Fees may be payable after your application has been filed. These may be for requesting examination, amending a complete specification, maintenance fees, and renewal fees once the patent is granted.

• International

  A patent only protects an invention in one country or region. International patent law can make it easier to get patents granted in a number of different countries.

Managing patents

Once you request examination of your patent application, you should hear from us within three months.

After the grant of your patent, in exchange for your exclusive rights, the patent description is published to encourage innovation.

As a patent owner, you have the exclusive right to commercially exploit an invention for up to 20 years.

During this time you may be able to use your patent to raise money for your business, license or sell your patent, and take legal action to exclude others from using the invention covered by your patent.

You may take legal action against any person who infringes your granted patent in New Zealand.

• Examination process

  Once submitted, your application to register a patent will be examined using this process.

• Maintaining

  Our case management facility provides functions for you to maintain your patent application or patent.

• Renewing

  Annual fee payments are required from the fourth anniversary of the filing of your complete specification.

• Examination manual

  The manual sets out our practices under the Patents Act 2013 and the Patents Regulations 2014.

• Practice notices

  Notices providing information relating to new or changes to patent practice including filing requirements and our examination activities under the Patent Act 2013.

• Patents Act 1953

  Our practices and procedures relating to aspects of the registration of patents filed earlier than 12 September 2014.

• Hearings

  Our role is to administer hearing proceedings to determine disputes and challenges relating to patents.