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competitors’ movements. Applications that have It’s importanttonote,however, thatpatent
been accepted are advertised for the purposes of protection is jurisdictional. If you wish to prevent
opposition in most countries. A watching service your invention from being copied, manufactured
can give you the heads-up in a timely manner to or sold in other markets, you need to secure
RSSRVH WKH DGYHUWLVHG DSSOLFDWLRQ V protection in each market. Also be aware that
You can also lodge your trade marks and copyright the priority application only provides provisional
works with online shopping sites such as the protection and to obtain enforceable protection,
Amazon Brand Registry and AliProtect to help the provisional application must be followed up by
protect your brand online. ¿OLQJ RQH RU PRUH µFRPSOHWH DSSOLFDWLRQV¶

Patents •Protectingyourinvention overseas
Patents are one of the stronger forms of registered Filing patent applications overseas and continuing
IP available. Granted by the government, a patent those applications to granted patents can be
provides exclusive, legally enforceable commercial expensive. Therefore, it pays to think through your
ULJKWV IRU D VSHFL¿F WHUP \HDUV LQ 1HZ =HDODQG ¿OLQJ VWUDWHJ\ EHIRUHKDQG 7KH ¿OLQJ UHTXLUHPHQWV
to prevent others from using your invention or vary between countries.
idea. Patents are predominantly used in industries &RQVLGHU¿OLQJDSSOLFDWLRQVLQFRXQWULHV ZKHUH
that require heavy investment in research and yourproductcouldbemade,soldorlicensednow
GHYHORSPHQW 5 ' VXFK DV SKDUPDFHXWLFDOV DQG orinthefuture. ANewZealandpatentprotects
engineering. an invention in New Zealand only. To get patent
Some countries also provide for a lower level of protection overseas, you must either:
patent protection, that does not require the same –Filepatentapplicationsdirectlywithintellectual
level of inventiveness. For example, Australia has SURSHUW\ RI¿FHV LQ RYHUVHDV FRXQWULHV RU
Innovation Patents (although these are about to be – File an international application under the
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However, you may patent new products, machines, DOORZV SDWHQW DSSOLFDWLRQV WR EH ¿OHG LQ RYHUVHDV
electronics, compositions, business methods or countriesatalaterdate.
processes, and implemented inventions. +RZHYHU ¿OLQJDQDSSOLFDWLRQGRHVQRWJLYH\RXD
You cannot get a patent for a basic idea on its own granted enforceable patent. The patent application
without explaining how to put the idea into practice. will still need to be examined in each country of
Inventions should be protected if they are likely to interest under that country’s local laws.
be commercially popular or important to industry.
Getting a patent for your invention is a complex, ‡ :KHQ WR ¿OH RYHUVHDV SDWHQW DSSOLFDWLRQV
technical legal process. You need expert help from 7KH EHVW WLPH WR ¿OH RYHUVHDV SDWHQW DSSOLFDWLRQV LV
an IP specialist to give you the best chance of ZLWKLQ PRQWKV IURP ¿OLQJ WKH SULRULW\ DSSOLFDWLRQ
securing good protection. for your invention. This 12-month deadline is
often referred to as the ‘convention deadline’ and
• Keep it under wraps is usually around the time when the ‘complete
It is critical that you do not reveal your invention DSSOLFDWLRQ¶ LV ¿OHG JLYLQJ \RXU FRPSOHWH SDWHQW
to anyone before speaking to an IP specialist. If DSSOLFDWLRQ D ¿OLQJ GDWH ,W PD\ LQ IDFW EH WKH RQO\
\RX WHOO DQ\RQH DERXW \RXU LQYHQWLRQ EHIRUH ¿OLQJ WLPH \RX FDQ ¿OH DSSOLFDWLRQV RYHUVHDV GHSHQGLQJ
a patent application, you may not be able to get on the details of your situation.
a valid patent. If you need a third party to assess New Zealand is a member of several international
or help with the invention, make sure they sign a patent treaties and the convention deadline
FRQ¿GHQWLDOLW\ DJUHHPHQW EHIRUH UHYHDOLQJ \RXU PHDQV WKDW DQ\ HTXLYDOHQW DSSOLFDWLRQV \RX ¿OH LQ
invention to them. other treaty member countries by the convention
7KH GDWH \RX ¿OH \RXU ¿UVW SDWHQW DSSOLFDWLRQ GHDGOLQH PD\ FODLP WKH EHQH¿W RI WKH µSULRULW\
relating to your invention becomes the ‘priority GDWH¶ 7KH DGYDQWDJH RI DQ HDUO\ ¿OLQJ GDWH LV WKDW
date’ and the application becomes known as you may exclude prior art that became publicly
the ‘priority application’. You may reveal your available in the intervening period between the
invention after the priority date is established. µSULRULW\ GDWH DQG WKH FRPSOHWH DSSOLFDWLRQ¶V ¿OLQJ

92 NZ Export & Trade Handbook 2018