There’s no substitute for expert intellectual property advice, and if you believe you require it, you should definitely seek it. By preparing yourself beforehand, you may be able to save money.
Tip
With a bit of time and research, certain fundamental intellectual property (IP) tasks can be fairly simple.
For instance, registering a trademark is achievable for most individuals and generally incurs a cost of $150 per class. Keep in mind, though, that this only provides protection within New Zealand.
Where to get IP advice
Intellectual property advice can take various forms, so instead of immediately approaching a specialised legal firm, it may be worth exploring alternative avenues for assistance and guidance.
Potential sources of IP advice for small businesses in New Zealand include:
- Your accountant
- Your lawyer
- Business mentors
- The Regional Business Partner Network, which connects businesses with local advisors to assess their development needs and offers co-funding for training
- Callaghan Innovation, which provides co-funding for workshops and other forms of IP support through its Innovation IP program
- Industry or sector bodies such as the Employers and Manufacturers Association (EMA)
- Business incubators like Upstart, CreativeHQ, and the Angel Association
- Investment advisors at banks.
Tip
Several IP experts provide an initial consultation at no cost.
By preparing beforehand, you can acquire valuable information during this period.
Selecting an advisor
Similar to any business investment, it’s essential to consider how to maximise the value of your money. Here are some recommended steps:
- Clearly articulate your business objectives.
- Have a budget in mind, but remain open to options.
- Seek advice from knowledgeable individuals and ask for recommendations.
- Inquire whether different IP specialists provide free initial consultations.
- Request a customer pack from them, which may include a sample non-disclosure agreement and a breakdown of costs for different types of IP advice.
- Determine if they charge based on billable hours or a flat fee structure.
Tip
If you are engaged in R&D, Callaghan Innovation can provide guidance on identifying the most suitable experts for your business requirements.
Fact
The IPONZ service centre is limited to providing guidance specifically related to IP registration.
They can’t assist with strategic advice or the development of IP strategies.
Before your first IP meeting
Ensure you can articulate clearly:
- What your primary business is, e.g., manufacturing irrigation equipment for stone fruit orchards.
- Your short and long-term objectives, e.g., selling agricultural equipment in Australia by the upcoming June.
- The IP budget you have in mind.
- Who your primary competitor is, or will be, in the market you aim to operate in. Use Statistics NZ’s Data for business website to delve into data regarding your competitors and customers.
- Who your (potential) business partners are.
Tip: Prior to any meeting, ask your advisor about any items they may require you to bring along.
Depending on your business goals — and the existing activities in this field — the typical subsequent actions for the IP advisor may include:
- Determining the type of IP you possess, such as trademarks, patents, or designs.
- Conducting a search to verify if the desired IP is already registered by another party (if you haven’t performed this search using online tools like ONECheck or IPONZ’s registers).
- Preparing a patent specification based on your budget and intended operational scope.
- Submitting an application on your behalf.
- Keeping you updated on the progress of your application.
- Addressing any challenges encountered during the application process.
- Confirming the acceptance and registration of your application.
- Monitoring and renewing your IP rights.
While the final step is not obligatory, outsourcing your IP assistance can be a beneficial choice. Make sure you inquire about the associated costs first.
Fact
In New Zealand, only patent attorneys or inventors have the authority to draft a patent specification.
When it comes to applying for a patent and/or design, seeking specialist advice in the field of IP is highly recommended.
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