Update on New Zealand's Patents Bill

16 July 2010
This news item provides an update on the Patents Bill in light of yesterday's announcement by Commerce Minister Simon Power.

The Commerce Select Committee reported back on the Patents Bill on 30 March 2010. The report contained a suggested amendment that would exclude all computer programs from patent protection. For a full explanation of the main points in the Select Committee report, click here.
 
We previously reported that the Ministry of Economic Development was looking at a wording amendment that would allow the patenting of some computer programs.  The amendment was expected to bring the wording of the exclusion closer to the restriction contained in the European Patent Convention.
 
However, Commerce Minister Simon Power announced yesterday that he considers a further amendment to the Patents Bill is neither necessary nor desirable. He instructed the Intellectual Property Office of New Zealand (IPONZ) to develop guidelines to allow the patenting of some computer programs.
 
We expect that the Bill will proceed to a second reading in the next few months. Once the Bill is enacted, IPONZ will circulate draft Patent Regulations for comment. At that time we expect IPONZ will also develop the guidelines required by the Minister.