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ARTICLE · 25 APRIL 2011

Recent Developments Regarding Software Patents Under New Zealand's New Patents Act

Spruson & Ferguson Lawyers
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In August 2010 and January 2011, we reported that the latest iteration of New Zealand's new Patents Act now sought to exclude computer software from patentability. The proposed exclusion was not only a reversal of New Zealand's previous position, it was also contrary to the stance taken by her major trading partners – especially Australia and the United States, who generally allow software patents subject to the invention satisfying what approximates to a mild "technical effect" criterion. We al

AustraliaIntellectual Property
Peter Treloar
Peter Treloar
Gareth Dixon
Gareth Dixon
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In August 2010 and January 2011, we reported that the latest iteration of New Zealand's new Patents Act now sought to exclude computer software from patentability.

The proposed exclusion was not only a reversal of New Zealand's previous position, it was also contrary to the stance taken by her major trading partners – especially Australia and the United States, who generally allow software patents subject to the invention satisfying what approximates to a mild "technical effect" criterion. We also noted that the proposed exclusion appeared to contravene New Zealand's obligations under Article 27 of the TRIPs Agreement, which requires that signatories make patents available "in all fields of technology".

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