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ARTICLE · 13 JUNE 2011

Patentability of Software in NZ – Draft Examination Guidelines

James & Wells Intellectual Property
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IPONZ has recently published draft guidelines on how patent applications involving software will be examined under the new Patents Act.

New ZealandIntellectual Property
Jonathan Lucas
Jonathan Lucas

IPONZ has recently published draft guidelines on how patent applications involving software will be examined under the new Patents Act.

Earlier this year we reported the Minister of Commerce's decision that computer programs will be excluded from patentability in the new Patents Act. This followed the recommendations of the Commerce Select Committee, despite industry opposition to the exclusion. In his announcement, Simon Power (the Minister of Commerce) tasked IPONZ to draft guidelines that would allow inventions for "embedded" software.

The draft guidelines were published on Monday 20 December 2010 and are available from the Ministry of Economic Developments website - Ministry of Economic Development's draft guidelines.

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