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Archive for June, 2010|Monthly archive page

More on the Patents Bill

In IP, legislation, New Zealand, patent on June 25, 2010 at 2:34 pm

Perhaps one of the most controversial points in submissions to the Committee was whether computer software should be patentable. Strong advocacy against patentability of computer software came from the open source proponents ”.

The controversy around this provision continues…. As of 22 June 2010 the Patents Bill is number 37 on the Order Paper for Parliamentary business awaiting its second reading.

It appears that parties in favour of patentability are having some sway and there is a suggestion that a Supplementary Order Paper “to clarify the intent” is to be issued.

Following amendments by the Select Committee, the Patents Bill currently states that computer software is not a patentable invention. However, there is an intention the Intellectual Property Office will issue guidelines on the matter and that such an exclusion would not prevent the granting of patents for inventions involving embedded software (for example software which plays and integral role in the electronics it is supplied with, such as software incorporated in cars, telephones and washing machines).

I would have to agree that the current wording is not suitable and that a number of interested parties have expressed their view on this to Simon Power, the Minister of Commerce. There appears to be an intention that certain types of software will be patentable and for the European practice to be adopted. Thus, it seems inevitable that the Bill will be revised to more clearly state this intention.

Watch this space …