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Get the global patent basics right (novelty, non-obviousness, utility, subject matter) and plan filings/timing to protect future markets and acquirer value.

1. What Qualifies as Patentable IP (Think Globally, not Locally)

As a New Zealand researcher and founder, you need to think internationally about patents from day one. Why? Because your key markets, acquirers, and competitors are likely overseas. IP strategy is specialised work, we encourage all of our startups to work with specialist (like our friend Tim Stirrup from Prime Innovation).

The patent rules that matter most are those in your target markets and where you will manufacture - typically the US, Europe, and China.

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Prime Innovation

Specialised IP Consulting and Patent Attorney Services

IP can be complex. Prime makes it clearer.

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Universal Patent Criteria (applies almost everywhere):

Novelty Your invention must be new globally. A publication anywhere, in any language, can destroy novelty
Inventive step/Non-obviousness It can't be an obvious next step to experts in your field
Industrial applicability/Utility It must have practical use
Patentable subject matter This is where countries differ most

What's Typically NOT Patentable (with important variations):

Abstract ideas and natural phenomena Universal exclusion
Business methods Largely excluded globally
Medical treatment methods Excluded in most countries except the US (devices and drugs are fine everywhere)

Critical Differences that Affect your Strategy:

Grace periods The US, NZ and Australia offer 12-month grace periods for your own disclosures; Europe and China do not
Software patents Tough to obtain in most countries, but possible where the software delivers a genuine technical effect beyond standard computation.
First-to-file File first to lock in your rights and stay ahead of the competition.

2. Practical Approach to Deep Tech IP:

  1. File your provisional in Australia (good search options) or NZ
  2. Be strategic about timing – After your provisional, file a Patent Cooperation Treaty (PCT) application to delay national filings and costs by another 18 months
  3. Think globally about patent claims - will they work in your key markets e.g. US? Europe? China?
  4. Focus protection on the big markets - US, Europe, China, and Japan typically matter more than NZ and Australia
  5. Get advice from firms with international experience - NZ-only patent expertise isn't enough

Remember: You're not building a NZ company that happens to export. You're building a global company that happens to be based in NZ.

Focus on creating IP assets that align with the needs of your future acquirer or investor.  Your IP strategy should reflect this from the start.

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Why this matters for NZ startups: An NZ patent application is often just a priority placeholder. The real value comes from protection in your commercial markets. A granted NZ patent in a country with 5 million people won't excite investors or stop international competitors.

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