Justine is a content writer at Sprintlaw. She has experience in civil law and human rights law with a double degree in law and media production. Justine has an interest in intellectual property and employment law.
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If you’ve built something new (or you’re about to), it’s completely normal to wonder: can I patent this?
Patents can be one of the strongest ways to protect an invention in New Zealand, but they’re also one of the most misunderstood areas of intellectual property (IP). The rules are a bit technical, and the “borderline” cases (especially in software and digital products) are where businesses often get tripped up.
This guide is updated for current practice and expectations, so you can make confident decisions about whether a patent is likely to be available - and what to do next.
What Is A Patent (And What Does It Actually Protect)?
A patent is a legal right granted for an invention. In simple terms, it can give you the exclusive right to stop others from making, using, selling, importing, or otherwise commercialising your invention in New Zealand for a limited period (usually up to 20 years), as long as you keep meeting the renewal requirements.
What a patent protects is not your “idea” in the abstract - it protects the specific invention described in the patent claims.
That means two important things:
- Patents are powerful because they can block competitors even if they independently come up with the same invention later.
- Patents are precise because protection depends on how the invention is defined and claimed - small wording changes can have big consequences.
In New Zealand, patents are governed primarily by the Patents Act 2013 and administered by IPONZ (the Intellectual Property Office of New Zealand).
Patents also sit alongside other types of IP. In many businesses, the best protection is a mix - for example, patenting the technical invention, while using trade marks to protect branding and copyright for creative materials. If you’re working out what protection fits best, it can help to talk to an Intellectual Property Lawyer early, before you disclose too much publicly.
What Can Be Patented In New Zealand?
To be patentable in New Zealand, something generally needs to be an invention that meets the legal requirements (we’ll cover those in the next section).
Common examples of things that may be patentable include:
- Mechanical devices (for example, new tools, components, machines, or improved mechanisms)
- Manufacturing processes (including processes that improve efficiency, reduce waste, or produce a better output)
- Chemical compositions (for example, new formulations, compounds, or material compositions)
- Medical devices (as products - not necessarily medical treatment methods)
- Electronics and hardware inventions (for example, circuitry, sensors, devices, embedded systems)
- Some software-related inventions where the “inventive” part is more than just software “as such” (more on this below)
- Improvements to existing products (yes - you don’t always need to invent something entirely new, but the improvement must be genuinely inventive)
It’s worth emphasising: patentability is rarely decided by what your invention is called (“an app”, “a system”, “a method”). It’s decided by what it does and whether the legal criteria are satisfied.
If you’re unsure, a good first step is to map your invention into:
- the problem it solves,
- the technical solution you’ve created, and
- what is genuinely new about that solution.
What Makes Something Patentable? (The Legal Requirements)
In New Zealand, an invention generally needs to tick a few key boxes to be patentable.
1) It Must Be “New” (Novel)
Your invention must be novel - meaning it can’t already be publicly disclosed anywhere in the world before your filing date.
This is where many founders accidentally lose patent rights. Common “public disclosures” include:
- launching your product publicly (even a “soft launch”)
- publishing a demo video
- listing the product on a website or marketplace
- showing the invention to a potential partner or investor without confidentiality protection
- presenting at an expo, pitch night, or conference
If you need to talk to manufacturers, developers, potential co-founders, or investors before filing, it’s smart to use a tailored Non-Disclosure Agreement so you’re not accidentally giving away the “newness” of your invention.
2) It Must Involve An Inventive Step
An invention must not be an obvious variation of what already exists. This is called the inventive step requirement.
In practice, this usually means:
- you’ve done more than combine known things in a routine way, and
- the difference from existing technology isn’t something a skilled person would consider an obvious next step.
This is why patents are not just for “good ideas” - they’re for genuine technical advances.
3) It Must Be Useful (Have Utility)
Your invention must be capable of working and delivering the result you say it delivers. You don’t always need a fully commercialised product, but you do need a credible invention that can actually be performed.
4) It Must Be A “Manner Of Manufacture”
This is a traditional legal concept that still matters. In plain terms, IPONZ is looking for something with a real, technical character - not just an abstract concept, scheme, or idea.
This comes up a lot with:
- business methods
- financial “systems”
- purely administrative workflows
- software claims that don’t have a technical contribution beyond the code itself
5) It Must Be Properly Described
A patent application is not a vague summary. You need to disclose the invention in enough detail so that others could perform it, and you need claims that define what you’re actually protecting.
As a practical business point: patents are a “trade” - you get exclusive rights, but in exchange you publicly disclose the invention. If you’d rather keep the competitive advantage secret, a trade secret strategy (with contracts and internal controls) can sometimes be a better fit.
What Cannot Be Patented (Common Exclusions And Tricky Areas)
Some things are not patentable in New Zealand - either because the law excludes them, or because they usually fail the requirements above.
Here are common categories where people often assume a patent exists, but it may not.
Software “As Such”
New Zealand patent law has specific restrictions around software. While software-related inventions can sometimes be patented, a computer program “as such” is excluded.
What does that mean in practice?
- If your invention is basically “an app that does X” with no technical contribution beyond normal computing, it may not be patentable.
- If your invention produces a technical effect or solves a technical problem in a non-obvious way (for example, improvements in how a device operates, how data is processed in a technically innovative manner, or how hardware is controlled), it may be more patent-friendly.
Software is also where other IP options can matter. Your code may be protected by copyright automatically, and your brand can be protected by trade marks - for example by Register Your Trade Mark for your product name or logo.
Business Methods And Pure Schemes
A “business idea” - like a new pricing model, a marketplace concept, or a method of selling services - is often difficult to patent unless there’s a genuine technical invention underpinning it.
If what’s new is primarily commercial or administrative, it’s usually better to focus on:
- trade marks (brand)
- copyright (content and materials)
- confidential information (processes and know-how)
- contracts that lock in relationships and reduce copycat risk
Methods Of Medical Treatment
In New Zealand, patents generally cannot be granted for methods of medical treatment of humans (for example, a method of surgery or therapy).
That said, medical devices and some medical-related products may still be patentable, depending on the details.
Plant Varieties And Some Biological Material
Some plant-related inventions may fall under different regimes (such as plant variety rights), and some biological inventions can be complex. If your invention is in agritech, biotech, food tech, or natural products, it’s worth getting tailored advice early - these areas can be patentable, but they also involve specific rules and careful drafting.
Inventions That Are Not New Because You’ve Already Disclosed Them
This one isn’t a category in itself, but it’s one of the most common reasons a “good invention” becomes unpatentable.
If you’ve already posted a prototype online, taken pre-orders, pitched publicly, or sent detailed decks without confidentiality protections, you may have already damaged novelty.
That doesn’t automatically mean you have no IP options - it just means you may need to shift strategy (for example, trade marks, copyright, design registration, or contractual protections).
How Do You Know If Your Invention Is Patentable? (A Practical Checklist)
Before spending serious time and money on a patent pathway, it helps to sanity-check your invention from a commercial and legal angle.
Here’s a practical checklist you can work through.
Step 1: Clearly Define The Invention
Write a short explanation that answers:
- What problem does it solve?
- How does it solve it?
- What part is actually new?
- What alternatives exist today?
This becomes the foundation for any patent drafting (and it also helps with investor conversations).
Step 2: Do A Basic Prior Art Search
“Prior art” includes anything publicly available that relates to your invention (existing patents, published articles, product manuals, blog posts, videos - it’s broad).
A quick search won’t replace a professional search, but it can help you spot obvious deal-breakers early.
Step 3: Consider Whether You Want A Patent Or A Trade Secret
Patents require disclosure. Trade secrets rely on confidentiality.
Ask yourself:
- Could a competitor reverse-engineer your invention easily once it’s on the market?
- Would publication of the invention help competitors more than it helps you?
- Is the invention something you can actually keep secret in day-to-day operations?
If trade secret protection is part of your plan, contracts and ownership documents become especially important - for example, you may need an IP Assignment to ensure the business actually owns the invention created by founders or contractors.
Step 4: Check Whether You’re Using Contractors Or Collaborators
If a developer, engineer, designer, or external lab helped create the invention, you’ll want to confirm the IP ownership position.
Don’t assume you “automatically own it” just because you paid for it - ownership often depends on the contract terms. Getting this wrong can create a major problem later (especially if you try to sell the business or raise capital).
Step 5: Think About Your Commercial Strategy
Even if something is patentable, you should ask whether a patent is the right business move. Patents take time, and enforcement can be expensive.
Patents tend to be most valuable when:
- you’re in a space where competitors copy quickly
- your product has strong margins (so there’s something worth protecting)
- you’re seeking investment and need defensible IP
- licensing is part of the growth plan
How Does The Patent Process Work In New Zealand?
The patent process can feel daunting at first, but it’s much more manageable when you break it into stages.
While every invention is different, the process usually looks like this.
1) Keep The Invention Confidential Until You’re Ready
Before filing, make sure you control what information is being shared and with whom. This is where confidentiality terms and NDAs can be crucial.
2) Prepare The Patent Application
A patent application usually includes:
- a description/specification of the invention
- drawings (if relevant)
- claims (the legal boundaries of your protection)
- an abstract
This stage is where good drafting matters. A well-drafted application doesn’t just “get you a patent” - it aims to get you a patent with coverage that is actually commercially useful.
3) File With IPONZ
Once filed, your application gets a filing date. This date is important for novelty and priority.
4) Examination And Objections
IPONZ will examine the application, and it’s common to receive objections - for example, arguing your invention isn’t new, is obvious, or falls within an exclusion.
Responding strategically is key. How you respond can affect both whether you get a patent and how strong it is once granted.
5) Acceptance, Grant, And Maintenance
If the application is accepted and proceeds to grant, you’ll need to maintain it with renewal fees over its life.
From a business perspective, it’s also worth planning how you’ll use the patent:
- Will you commercialise the product yourself?
- Will you license the invention to others?
- Will you use it as an asset in fundraising or a sale process?
If licensing is part of the plan, you’ll want the right agreements in place to protect your IP and revenue model (and to ensure the deal is enforceable).
Key Takeaways
- In New Zealand, patents can protect inventions (not just ideas) and can give you exclusive rights for up to 20 years, provided you meet ongoing requirements.
- To be patentable, an invention generally needs to be new (novel), involve an inventive step (not obvious), be useful, and fit within what the law recognises as patentable subject matter.
- Some categories are commonly excluded or difficult, including software “as such”, pure business methods, and methods of medical treatment - but the outcome depends heavily on the technical details.
- Public disclosure can destroy novelty, so it’s important to manage confidentiality and consider using an NDA before you pitch, demo, or publish.
- Ownership matters: if founders, employees, or contractors created the invention, you may need an IP assignment or tailored contract terms so the business truly owns the IP.
- A patent is only one part of IP protection - trade marks, copyright, and contracts can be just as important for protecting your business from day one.
If you’d like help working out whether your invention is patentable, or you want to tighten up your IP ownership and confidentiality before you file, reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.