Patents are granted under the Patents Act 1953. Once a patent is registered it excludes others from making, using or selling the claimed invention.
It is important to note that a patent does not automatically grant the right to make, use or sell an invention. In particular, a patent does not provide the Patentee with a defence to infringement of intellectual property rights (including patent rights) owned by other parties. There may also be other legal requirements and approvals, for example from the Ministry of Health or the Environmental Risk Management Authority that must be met for such purposes. For a New Zealand patent to be valid, the invention must be:
In order for a New Zealand patent to be valid, the invention must not be: