Business mentor: It makes sense to patent those ingenious ideas

Q. With a piece of No 8 wire and Kiwi ingenuity I think our business has come up with a million-dollar product. How do we get it patented?

A. Small business specialist Sarah Trotman asked Anton Blijlevens, registered patent attorney and partner of A.J. Park, to explain:

Patents protect inventions. To obtain a valid patent, your new product must be inventive in some way. Patents are also available for inventive processes and formulations.

What does "inventive" mean? Most patents are filed for inventions that are improvements on existing ideas, rather than for revolutionary ideas. As long as your invention is different and is not an obvious variation to what is known, then your application should succeed.

The first and most important thing is to ensure that your invention is kept secret until you have taken advice on patent protection.

Disclosing your invention to someone other than your patent attorney may result in it being regarded as public knowledge and, therefore, not patentable.

Your invention may be considered obvious, and not qualify for protection, if it is merely a trade variant on what already exists. But even a small difference from what already exists can be sufficient to obtain a patent, especially if the small improvement has a surprising result or effect.

Your invention may be eligible for patent protection even if you are simply using No 8 wire in a new way.

For example, a patent was granted for an invention using a mini shock absorber (like that used in a car) to absorb the extreme water pressure (and consequent hammer-like noise that the pipes make) caused by the sudden deceleration of water flow when a tap is turned off suddenly.

Another patent provided a better way for plumbers to seal water pipes without messy welding, using a simple high-pressure plug.

In another case, a patent was obtained for a window-cleaning tool which combined normal cleaning pads on a new clever pivot to clean and wipe in a single action.

But should you apply for a patent at all? Even though an invention may meet the legal requirements for a patent, it is necessary to consider the cost and benefit involved.

The cost of filing and maintaining a New Zealand patent typically ranges from $4000 to $8000 spread over the 20-year term of the patent.

The benefit of a patent is that you can prevent others from making, using or selling a product or process in New Zealand, which incorporates the patented invention.

You get the exclusive right to sell, or license someone else to sell, your product for up to 20 years. Having a patent can also assist in getting finance to help your venture get off the ground.

If the advantages of a patent outweigh the cost of filing and maintaining it, then a patent is a worthwhile investment. Generally, if the invention is worth copying, then it is worth patenting.

For example, your patented product may be cheap to manufacture so you can sell your product at a lower price than your competition. Your patented product may be more effective, easier or cheaper for consumers to use. Without a patent, your competitors can simply copy your idea and you will miss out on these advantages.

Obtaining a patent is a complicated and technical process. You will need to file a patent application at the Intellectual Property Office of New Zealand in Wellington. Make sure you keep your idea a secret and obtain professional assistance from a registered patent attorney.

* Inquiries about patent protection can be directed to anton.blijlevens@ajpark.com.

* Email your small business questions to Sarah Trotman at sarah.trotman@stassociates.co.nz