Patents - What can't be patented?

You can't patent things which are already known, or in the public domain.

While medicinal and pharmaceutical products fall within the patentable group, methods of treating humans are excluded from patent protection even though methods of treating animals are not.

Genetically modified animal and plant material is patentable though currently under review, particularly with regard to indigenous rights, and overall benefits to the country.

New plant varieties from breeding processes are not patentable and best covered by Plant Varieties registration.

Inventions considered immoral, or whose use is for committing an illegal act are generally not patentable.

Inventions which affect national security or are of a primarily military nature may be subject to secrecy provisions and control.

Works of art, songs, books, music, and films are not patentable per se – being covered by other forms of protection such as Copyright. However a novel functional improvement – e.g. a new electronic talking book, or device for playing music, might be patentable.

A mere placing together of components which provide no new or unexpected result may not be patentable – particularly if the outcome is predictable.

Business methods are patentable in some countries, as is computer software. In New Zealand, software and business methods are not outright patentable though may be patentable if some apparatus is part of the method, or interacts with the software.

Plans and schemes are not patentable. These differ from methods by being quite broad and conceptual in scope. For instance, the idea of advertising by putting signage on the upright face of steps and escalators would be a plan, though utilising modified signage to enable this to be put into effect on escalators would be patentable subject matter (if it was new and novel). Plans and schemes tend to be all encompassing, while methods tend to be more focused on techniques to put the plan into practice. It is best to discuss this topic with us.

Methods of human treatment are often not patentable, though sometimes there are methods allowing some useful patent protection to be obtained. Again, this is something which is best discussed with your patent attorney.