Can a building be patented or have registered design protection?

In general, yes a building can be patented or have registered design protection for a limited period. What is actually allowed to be protected will vary depending on the country involved.

A patent is a right granted to an invention including an item of manufacture such as a product, or process and so protects the idea behind an item of manufacture.

A registered design covers the original features of shape, configuration, pattern or ornamentation as applied to an article: i.e. it protects the outward appearance of the article. A design application will include drawings.

A patent specification describes the invention and includes patent claims which define the scope of the monopoly being sought, and will usually also include drawings.
Patent claims can include for example: a building made up of a certain structure; or a certain structure for a building; or a certain method or process of building.

Some examples of “certain structures” that can be patented or be the subject of a design include the following:
Types of joints or methods of joining, methods of erecting a building or parts of a building, roofing systems, types or methods of flooring, foundations, beams, panels, wall systems, windows, doors, plumbing fittings and accessories, electrical fittings and accessories etc.

A building or parts of a building can be protected by a registered design.  A design will give protection for the outward appearance or aesthetics of the building or its components. However, in order obtain design protection in New Zealand, a building must be portable or a kit-home.

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