New Zealand Legislation: Bills

17 Exclusive rights given by patent

• (1) A patent gives the patentee the exclusive rights, during the term of the patent, to exploit the invention and to authorise another person to exploit the invention.

  (2) In this Act, exploit, in relation to an invention, includes,—

  • (a) if the invention is a product, to—

    • (i) make, hire, sell, or otherwise dispose of the product; or

    • (ii) offer to make, hire, sell, or otherwise dispose of the product; or

    • (iii) use or import the product; or

    • (iv) keep the product for the purpose of doing any of the things referred to in subparagraphs (i) to (iii); or

  • (b) if the invention is a process, to use the process or to do any act mentioned in paragraph (a) in respect of a product resulting from that use.

  (3) This section is subject to subparts 5 and 6 of Part 4 (which relate to compulsory licences and the use of patented inventions for services of the Crown).

  Compare: Patents Act 1990 s 13 (Aust)