Advice on patents in NZ

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z2k

321 posts

Ultimate Geek
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#115401 24-Mar-2013 21:27

Hi everyone,

I have an idea that I'm looking to patent and would like to know if there's anyone that's had previous experiences with filing for a patent that wouldn't mind sharing their experience and some advice.

Things I'd like to know:
-There seems to be 2 routes you can take. You can file a patent directly with IPONZ or PCT. Does anyone know what fees each charge and what the process is to file for a patent with each?
-Are patent lawyers recommended and what are their fees? Do you know of anyone in the Auckland area that you would highly recommend?
-Whats the best way to check if your idea has previously been patented? I know most patent offices have database you can search but would you need to check each and everyone?
-If your idea is patented in another country but not nz, would you still be able to get the patent in NZ?
-If I get a patent for my idea in NZ and a patent is filed in the USA for the same idea 2 months later for example, do I have any rights to challenge?

Would appreciate any feedback and thanks in advance!

Zeon

3926 posts

Uber Geek
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#786432 24-Mar-2013 21:55

Just to check, without being specific what field is your idea in? It may not be the right move patenting it.

I spent 15k on patent experts to give a report and what I found was so convoluted I would never really want to go down that path

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z2k

321 posts

Ultimate Geek
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#786440 24-Mar-2013 22:22

It's in the ICT field. A new process/implementation to make something we all currently do simpler.

PatentBuff

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Wannabe Geek
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#790693 2-Apr-2013 14:05

The IPONZ and PCT routes are not mutually exclusive. Most NZ patent applicants file with IPONZ as a first step. They then have a year to decide whether to take it further. This may involve a PCT application based on the initial NZ application.

IPONZ has a description of the patent process on their website.

Using a patent attorney is recommended, even for the first application in New Zealand. Patent specification preparation is a complex task. People who file their own patent applications direct with IPONZ are often told (by IPONZ) to use a patent attorney. However, sometimes by then it is too late to fix up any problems.

There is a list of New Zealand patent attorneys on the IPONZ website.

That's hopefully answered some of your questions. A more important question is should you file a patent, rather than how to file a patent.

If your idea has no business plan then it is a hobby. If you spend a lot of money on an intellectual property strategy that is not aligned with a business strategy then you have an expensive hobby.

Zeon

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Uber Geek
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#798168 12-Apr-2013 00:57

Not sure if a new process or idea is patent worthy to be honest without finding out exactly what it is. It's such a murky field I wouldn't get involved.

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