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The field of patent law in Wellington, New Zealand is governed by the Patents Act of 2013. Patents are a crucial component in protecting intellectual property - they grant inventors exclusive rights to their inventions, preventing others from manufacturing, selling, or using those inventions without permission for a certain period. Wellington, as the capital city of New Zealand, hosts a number of intellectual property firms specializing in patent laws which cater to individuals and corporations alike.
Managing patent applications and disputes can be complicated and requires a comprehensive understanding of New Zealand and international patent laws. You may need a patent lawyer if you are inventing a new product and wish to protect your invention. Lawyers can help you correctly apply for a patent and navigate any challenges. If you suspect your patent has been infringed upon, a lawyer can advise you on your rights and potential legal recourse. They can also help you understand the commercial value and protection of your patent.
Under the Patents Act of 2013 in New Zealand, a patent is granted only if an invention is novel, involves an inventive step, and is useful. An invention is not considered novel if it was publicly available as knowledge before the patent application date. Additionally, the Patents Act sets a high standard of inventive step or non-obviousness, which requires that the invention must not be obvious to a person skilled in the relevant area. The act also lists certain inventions which are not patentable, such as mere discoveries, scientific theories, mathematical methods, and others.
A standard patent lasts for 20 years in New Zealand, provided the annual maintenance fees are paid each year.
Yes, you can apply for international patent protection through the Patent Cooperation Treaty (PCT) system. Your New Zealand patent lawyer can guide you through the process.
You can conduct a search of the Intellectual Property Office of New Zealand's databases or other international databases to see if your invention, or a similar one, has been patented before.
If you suspect someone has infringed your patent, you should consult with a patent lawyer who can advise you on your rights and any legal action you can take.
No, you cannot patent an idea. The patentable invention must be a device, substance, method, or process and it must be new, inventive, and useful.
The Intellectual Property Office of New Zealand (IPONZ) is a useful resource for anyone seeking to understand the patent process in depth. They offer an online tool for patent application and provide a database of New Zealand patents. Additionally, the New Zealand Law Society can guide you to legal practitioners specializing in patent law.
If you need legal assistance in patent, start by establishing if your invention is indeed patentable. Next, consider hiring a patent lawyer who can guide you through the process, from application to enforcement of your patent rights. When choosing a lawyer, consider their expertise, experience, and knowledge of both New Zealand and international patent laws. A good lawyer will not only help you secure your patent but also guide you on how to commercialize it effectively.
