IPRIMA - Intellectual Property Specialists

Filing may be proceeded by searching to assess novelty. This will ideally include patent, literature, and internet searching as well as accessing common knowledge in the appropriate industry.

For New Zealand residents and citizens an application for a patent is often first filed in NZ. Filing overseas first may require permission from the Commissioner of Patents. The application is accompanied by a properly detailed description of the invention and its concept, allowing room for further development within the next 12 months.

Provisional Interim protection is provided by most countries overseas for 12 months, insofar that any overseas application filed in those countries within the 12 month deadline will be effectively entitled to the NZ filing date.

The application is normally completed in NZ, and overseas applications filed (either individually or through a single Patent Co-operation Treaty (PCT) appln) within a 12 month time limit. This usually entails preparing a more detailed specification and claims to accompany the applications.

The application will be examined, and objections made to claims not considered to be novel or which encompass that which is already known. Whether the subject matter is inventive (not obvious) may also be considered overseas.
Once any objections have been addressed the application is accepted. Other parties, having valid reasons, can oppose the grant of a patent though this is relatively rare.

The advertisement period may be the first time the contents of the patent application is published (e.g. for NZ and the USA) though many countries publish the application 18 months after the earliest filing date (typically your NZ filing date).
At the end of the advertisement (for opposition) period, a patent will generally be granted. The maximum term is typically 20 years, subject to the payment of periodic renewal fees.

see also the article - What about overseas >>