Patents Bill report released

31 March 2010
The Commerce select committee report on the Patents Bill was released on 30 March.

These are the main points covered in the select committee report:

  • computer programs cannot be patented
  • methods of medical treatment of human beings cannot be patented
  • a request for examination will be introduced
  • there will be an absolute novelty standard
  • there will be examination for inventive step and usefulness (as well as novelty)
  • accepted patents will be able to be re-examined
  • pre-grant opposition will remain
  • a Maori advisory committee will be established. 


Other recommendations include an increase in fees and introduction of maintenance fees.  Also, revocation will be held before the Commissioner and the Court.

To read the full report, click here.


The Patents Bill aims to update New Zealand’s patent regime to ensure an appropriate balance between adequate incentives for innovation and technology transfer on the one hand, and protecting the interests of the public on the other.

We will cover the key features of the report on the Patents Bill in our next issue
of IP Newz. 


New Patent Attorneys Bill

A separate Bill, the Patent Attorneys Bill, was split from the Patents Bill and covers provisions about the registration of patent attorneys and regulation of the patent attorney profession.  The Commerce select committee report notes the Patent Attorneys Bill does not provide a single trans-Tasman framework for regulating patent attorneys and will need significant amendment to do so.  The Commerce select committee does not want these changes to slow the progress of the Patents Bill.


What happens next?

The Patents Bill will have its second and third readings in Parliament.  Changes could still be made to the Bill before the Government passes it into law.  A new Patents Act replacing the Patents Act 1953 could be in force by early 2011. 

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