A Beginners’ Guide - Patents

Patents are intellectual property rights that can be used to protect inventions.

In addition to articles and devices, methods of doing things (for example a method of making a plastic sheet or a method of killing weeds) can also be inventions. Some things, however, have been held not to be inventions and cannot be patented, for example mathematical formulae, schemes or plans, presentations of information (e.g. forms) and methods for the medical or surgical treatment of human beings.

For a New Zealand patent to be granted in respect of an invention that invention must be new. This means that it must not have been known in New Zealand before the patent is applied for. Published documents, e.g. books, journals and patent specifications, and what has been used in New Zealand can all be taken into account to determine if an invention is new. It is therefore important not to tell anyone about your invention or use it in a way that others can become aware of it before you have filed a patent application.

As well as being new, the invention must not be obvious compared with what is already publicly known. Obviousness is determined from the perspective of a person skilled in the relevant field.

A patent can be kept in force for a period of time up to 20 years. During this time the patentee (patent owner) has the exclusive right to make, use and sell the patented invention. Any person who does something covered by the patent without the permission of the patentee infringes the patent. When infringement occurs the patentee can bring proceedings in the courts to have the infringement stopped and a monetary amount (damages) may be awarded as compensation e.g. for lost sales.

There is no such thing as a worldwide patent. If patent protection is required in countries other than New Zealand it is necessary to make a patent application in those countries where protection is required. There are treaties and agreements to which New Zealand belongs which facilitate the application for a patent in other countries.

Click here for a guide to the patent application process

Click here for the information needed to draft a patent application