Managing Intellectual Property

New Zealand plans for software patents create confusion

30 July 2010

Peter Ollier, London

The New Zealand government is set to refuse to grant patents for computer programs but will use IP office regulations to allow patents for software embedded in hardware

IP owners and advisers say the move has created uncertainty about what is and is not patentable.

The new plan for software patents is the result of the government’s reluctance to further amend its patent laws. Instead, the IP Office of New Zealand (IPONZ) is to get new guidelines about granting patents for software embedded in hardware.

Earlier this month New Zealand Commerce Minister Simon Power said that further changes to its Patent Amendment Bill were "neither necessary nor desirable".

New Zealand’s Patents Act 1953 allows software patents provided they produce a commercially useful effect. The government has been trying...



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