Patent FAQs

What is a patent?

What can be patented?

How can I search for a patent?

What are the benefits of a provisional specification?

Do I have to file a provisional specification?

How do I file a patent application?

How do I maintain my patent?

Should IPONZ be notified of changes in ownership?

How do I protect my invention in other countries?

How do I sell or license my patent?

What can I do if my invention is copied?

Can IPONZ help me to market my patent?

Can my patent be revoked after it is granted?

How do I show that my invention is patented?

When will your application be processed?

If you haven't found your answer then send us your question and we'll get back to you.

What is a patent?

A patent is an exclusive right granted to the registered proprietor of an invention which prevents others from making, using, or selling the invention without permission during the term of the patent. In general terms, in order to qualify for patent protection, an invention must be a new or novel, inventive (not obvious), and capable of being made and used. There are further criteria and limitations on what will be a patentable invention under the Patents Act and regulations.

For more information, see What is a patent?

What can be patented?

The scope of inventions that can be patented is large and the following list is by no means exhaustive:

• a new product
• a new process of manufacturing
• an improvement to an existing product or process

• a new method or process relating to the testing or control of an existing manufacturing process
• new chemical compounds or compositions
• biotechnological matter
• electrical devices and circuits
• a second pharmaceutical use for a known chemical compound or composition
• improvements in computer technology

For more information, see What is a patent?
 

How can I search for a patent?

See How to check for existing patents.

What are the benefits of a provisional specification?

Most people decide to delay examination and file a provisional specification first. A provisional specification is not examined, so IPONZ does not conduct a search for similar inventions or give an opinion on the content of the application.

This option gives you a further 12 months (extendable to 15 months upon request) before you need to file a complete specification. Your provisional specification will not be available to the public until a complete specification is accepted. There are benefits to starting the application process in this way because you:

• gain up to a maximum of 15 months to work on the development, financing and marketing of your invention
• do not need to publicly disclose the full or specific details of your invention
• establish a priority date that can help protect the invention from being patented by others
• gain an application number that you can use on the products you manufacture along with the words “patent pending”
• can reveal your invention to interested parties to gauge how successful it may be before proceeding further.
• avoid the larger cost of continuing your application until you can decide if you will proceed to file a complete specification.

For more information see How to apply for a patent.

Do I have to file a provisional specification?

No. If you are ready you can file a complete specification in the first instance.

How do I file a patent application?

You can do this online, for more information see: How to apply for a patent.
 

How do I maintain my patent?

Once your patent has been granted, it is your responsibility to ensure that it does not lapse.

Remember to advise IPONZ of:

• any change of address, and
• any change of address for service.

For further information, see Maintaining a patent. 

Should IPONZ be notified of changes in ownership?

Yes. The new owner of a patent should make an application for a change of ownership. You can do this online via Maintain a patent.
 

How do I protect my invention in other countries?

There are two ways that you can protect your invention overseas. You can:

• apply directly to each overseas country of interest after obtaining a foreign filing permit from the Commissioner under section 25(5). Please see our guide on obtaining a foreign filing permit and our Connections section for useful links to other IP Offices around the world. 
• make one application covering a number of countries using the Patent Co-operation Treaty. Read more on International patent protection.

How do I sell or license my patent?

Patents can be bought, sold and licensed by way of a contract that defines the terms and conditions upon which you change the ownership. You are advised to seek professional legal advice when drafting your contract.

IPONZ does not assist in the drafting of contracts between parties, nor does it provide forms for the licensing of patents.

What can I do if my invention is copied?

This is potentially an infringement of your patent rights. It is important to be certain that there has been an infringement. If action is taken against a third party without certainty the third party may be entitled to damages and other remedies if the allegation is unsubstantiated. IPONZ recommends that you seek professional legal advice on this matter.

Can IPONZ help me to market my patent?

No. IPONZ does not assist in this area.

Can my patent be revoked after it is granted?

Yes. The Commissioner and the High Court can revoke a patent for a number of reasons, for example if it is established in legal proceedings that:

• The invention is not new, or
• The patent was granted to a person who was not entitled to apply for it, or
• The patent was obtained falsely, or
• The invention is obvious and does not involve an inventive step

This list is not exhaustive. When a patent is revoked, you lose the right to to prevent others from using your invention.

How do I show that my invention is patented?

After your patent has been granted, you can use the patent number and the words “New Zealand” or the letters “NZ”.

Note: It is an offence for anyone to falsely claim that they have either applied for a patent or have been granted a patent.
 

When will your application be processed?

You can find the latest processing timeframes for Patent applications and correspondence here.

If none of the above has answered your question, please send your question to the Intellectual Property Office team.

Or select from the options below to ask a different question about the Intellectual Property Office or this website.

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