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==Patents Bill 2009==
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:''The big hot topic is '''[[New Zealand Patents Bill 235]]'''May 2013: new text might block software patents.''
===Summary===
 
The proposed Patents Bill affects the whole patents systemRegarding software, it will introduce unlimited software patenting. It will almost certainly go through since it is considered both necessary and overdue. The issue is that the implications it has on software has not been sufficiently considered or discussed.
 
  
===Current status===
 
  
The Commerce Committee of the Parliament is reviewing submissions on the bill and will make recommendations to parliament around October 2009.
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==Patents Bill 2009 as of 2021==
  
===History===
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New Zealand no longer recognises computer software as patentable with the acceptance of [https://web.archive.org/web/20160123184112/http://www.legislation.govt.nz/sop/government/2013/0237/latest/TMPN10044.html Supplementary Order Paper 237], on 9 May 2013. There is a [https://softwarepatents.org.nz software industry petition website] (now archived) documenting the advocacy and process (and [https://web.archive.org/web/20160304104020/http://en.swpat.org/wiki/IBM_and_MS_deciding_New_Zealand_legislation intrigue] - namely unethical behaviour by multinational corporations and their lawyers which, in turn, brought the NZ government minister into disrepute by association) involved. The website and those involved [https://www.youtube.com/watch?v=coBOBJAf6jY were thanked] on the floor of NZ Parliament by the main MP advocate for the software patent ban, Claire Curran.
This bill is the culmination of a review of the Patents Act 1953, which was started in August 2000.<ref>http://www.med.govt.nz/templates/ContentTopicSummary____5876.aspx</ref> The bill intends to completely replace the old Patents Act (1953)As part of the review, initial [http://www.med.govt.nz/templates/MultipageDocumentPage____1461.aspx submissions from the public were sought in 2002]. The Ministry of Economic Development's website hosts a summary of those submissions, including a section on [http://www.med.govt.nz/templates/MultipageDocumentPage____1443.aspx Business Methods and Software], in which it seems only 14 submissions commented on software, and mostly only corporates, including Telecom NZ. '''Many of those few submissions were in favour of software patents''', however about half "''were against mere schemes or plans, mathematical algorithms and other abstracts concepts being patentable, although suggestions varied on how this could be best achieved within the Act.''".
 
  
Judith Tizard introduced the proposed act to parliament in 2008.  Tizard also introduced S92 copyright law amendments (provoking the [http://creativefreedom.org.nz/blackout.html Internet Blackout] in February).  [http://www.med.govt.nz/templates/MultipageDocumentPage____1324.aspx Tizard stated in 2005 in stage 3 of the review] that "''Concern has been expressed in some quarters that allowing patents for business methods and software may in fact stifle [[innovation]] in these fields, rather than encourage it, and that business methods and software should not be patentable at all. '''There is no evidence, however, to support such a concern'''. [...]  There are, then, no strong arguments for specifically excluding business methods and software from patent protection. In light of this, I consider that business methods and software should continue to be patentable as long as they meet the requirements for patentability.''"  Which is clearly a very poorly informed recommendation.
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==Patents Bill 2009 (as of 2012, still ongoing)==
  
It seems that stage 3 of the review may have also [http://www.med.govt.nz/templates/MultipageDocumentPage____1309.aspx handed the responsibility of this part off to a Select Committee]: "''11. Submitters raised a number of policy issues. Most of the issues raised were of a nature that would be best dealt when the Bill is considered by a Select Committee. These issues included; ... 2. The '''patentability of computer software''' and business methods;''":
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{{also|New Zealand Patents Bill 235}}
  
At the first reading on 5 May 2009, [http://theyworkforyou.co.nz/bills/patents/2009/may/05/first_reading#party_vote the party votes were]:
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==Unifying examination with Australia 2012==
* Supporting: National, Labour, ACT, Progres., United F, totaling 107 votes.
 
* Not supporting: Green, Maori, totalling 14 votes.
 
  
[http://theyworkforyou.co.nz/bills/patents/2009/may/05/first_reading#green_9 Kevin Hague (Green MP) – the '''only''' MP to mention software in the first reading] – points out that "''the [[Incompatible timespans|20-year duration]] of patent coverage may be reasonable for a new mousetrap, but is effectively forever for a software idea''". Kevin Hague is against software patents.
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In 2012, the government published a the Building Innovation<ref>http://www.mbie.govt.nz/what-we-do/business-growth-agenda/building-innovation</ref> report.  The only relevant mention of patents was one general statement:
  
The Commerce Committee of the Parliament was [http://www.parliament.nz/en-NZ/PB/SC/MakeSub/e/c/4/49SCCOpatentsbill200907021-Patents-Bill.htm inviting comments  on the fill till July 2].  Oral submissions in support of written submissions will be solicited soon.
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<blockquote>
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Passing the Patents Bill will align our patent laws more closely with those of our trading partners and international best practice.
 +
</blockquote>
  
===What to do?===
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"aligning with trading partners" ''could'' be a euphemism for taking orders from the [[USA]], or it could be innocuous.
* Meet with a local MP, especially if they are on the commerce committee, or involved in the ministry of commerce (See below).
 
* [http://www.parliament.nz/en-NZ/SC/SubmCalled/e/c/4/49SCCOpatentsbill200907021-Patents-Bill.htm Make an oral submission to the Commerce Committee] in support of a written submission.
 
  
===What to say?===
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==Patent office decisions==
* '''Ask for computer software to be excluded from patentability''', by adding a clause to section 15, like the existing exclusion for surgical procedures.
 
* Ask them to consider the implications of patents on software development & enlighten them on the effects on [[SMEs]], consumers, prices, harms to [[competition]], entrenching of [[monopolies]], and how patents harm [[free software|free and open source software / FLOSS]].
 
 
 
===MPs to meet with===
 
* Minister of Commerce; [http://www.parliament.nz/en-NZ/MPP/MPs/MPs/d/9/e/49MP30621-Power-Simon.htm Powers, Simon], National Party, Rangitikei
 
* Chairperson; [http://www.parliament.nz/en-NZ/MPP/MPs/MPs/6/5/1/49MP621-Dalziel-Lianne.htm Dalziel, Lianne], Labour Party, Christchurch East
 
* Deputy-Chairperson; [http://www.parliament.nz/en-NZ/MPP/MPs/MPs/a/f/c/49MP169891-Lotu-Iiga-Peseta-Sam.htm Lotu-Iiga, Peseta Sam], National Party, Maungakiekie
 
* [http://www.parliament.nz/en-NZ/MPP/MPs/MPs/3/4/b/49MP169671-Boscawen-John.htm Boscawen, John], ACT New Zealand, List
 
* [http://www.parliament.nz/en-NZ/MPP/MPs/MPs/d/b/7/49MP126981-Chauvel-Charles.htm Chauvel, Charles], Labour Party, List
 
* [http://www.parliament.nz/en-NZ/MPP/MPs/MPs/0/4/1/49MP169711-Curran-Clare.htm Curran, Clare], Labour Party, Dunedin South
 
* [http://www.parliament.nz/en-NZ/MPP/MPs/MPs/0/7/a/49MP126901-Flavell-Te-Ururoa.htm Flavell, Te Ururoa], Maori Party, Waiariki
 
* [http://www.parliament.nz/en-NZ/MPP/MPs/MPs/e/e/6/49MP127341-Goodhew-Jo.htm Goodhew, Jo], National Party, Rangitata
 
* [http://www.parliament.nz/en-NZ/MPP/MPs/MPs/3/3/5/49MP169971-Lee-Melissa.htm Lee, Melissa], National Party, List
 
* [http://www.parliament.nz/en-NZ/MPP/MPs/MPs/e/0/f/49MP127471-Shanks-Katrina.htm Shanks, Katrina], National Party, List
 
 
 
More contact details, including email addresses are available on the contact sheet<ref>http://www.parliament.nz/NR/rdonlyres/5858C8A5-ACDF-4B35-8D7A-3ABB7B19ACDB/105144/listofmembers1706091.pdf</ref>.
 
 
 
===Submissions===
 
* [http://egressive.com/system/files/EgressivePatentsBillSubmission.pdf Egressive Limited]
 
* [http://nzoss.org.nz/news/2009/submission-software-patents The New Zealand Open Source Society]
 
* [http://internetnz.net.nz/issues/submissions/submissions-2009/2009-07-02-patents-bill.pdf/at_download/file InternetNZ]
 
* [http://www.burgess.co.nz/law/wp-content/uploads/select-committee-submission.pdf Guy Burgess]
 
 
 
There is also a supporting thesis by Joel Wiramu Pauling.  The content of [http://www.med.govt.nz/templates/ContentTopicSummary____2168.aspx a draft is publicly available].  The text of the final version may become available if all submissions are published (do they?).  In the mean time, there is a version [http://www.lulu.com/content/hardcover-book/social-representations-of-intellectual-and-creative-work/6487396 for sale].
 
 
 
===Articles===
 
* [http://computerworld.co.nz/news.nsf/devt/84239C76EEE24D1BCC2575DC006BFFC1 Excellent Computerworld article including interviews with Don Christie and Peter Harrison of NZOSS]
 
* [http://blogsearch.google.co.nz/blogsearch?q=Patents+software+nz&scoring=d Google blog search]
 
* [http://www.google.co.nz/news?as_oq=Patents-act+Patents-bill&as_nloc=NZ Google news search]
 
 
 
===The written law===
 
[http://www.legislation.govt.nz/bill/government/2008/0235-1/latest/DLM1419225.html Section 13] defines what is patentable, and [http://www.legislation.govt.nz/bill/government/2008/0235-1/latest/DLM1419228.html#DLM1419228 sections 14] and [http://www.legislation.govt.nz/bill/government/2008/0235-1/latest/DLM1419230.html#DLM1419230 15] defines exclusions.
 
 
 
* [http://www.legislation.govt.nz/bill/government/2008/0235-1/latest/096be8ed8023edc2.pdf 3656KB PDF of the current version of the bill] includes an 82-page explanatory note.
 
* [http://theyworkforyou.co.nz/bills/patents/2009/may/05/first_reading Parliament's first reading transcript]
 
* [http://theyworkforyou.co.nz/bills/patents TheyWorkForYou.co.nz's page]
 
 
 
(The words in bold with serifs are terms that are defined by the bill.  The words in bold without serifs are references to other parts of the bill.)
 
 
 
Note that inventions must be "''a manner of manufacture''" in the new law.  However this is not sufficiently precise so as to unambiguously include or exclude software, as [http://www.burgess.co.nz/law/select-committee-review-of-the-patents-bill noted by Guy Burgess, solicitor].
 
 
 
==Patent office==
 
 
The '''Intellectual Property Office of New Zealand''' ('''IPONZ''') is responsible for examining patent applications.
 
The '''Intellectual Property Office of New Zealand''' ('''IPONZ''') is responsible for examining patent applications.
  
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Then fill in one or more fields and go back to the top of the page and click "Submit query".
 
Then fill in one or more fields and go back to the top of the page and click "Submit query".
  
==See also==
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==Legislative process==
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* [http://www.parliament.nz/en-NZ/AboutParl/HowPWorks/Laws/ The legislative process]
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A "SOP" is a Supplementary Order Paper, which is an amendment.
 +
 
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==Related pages on {{SITENAME}}==
 
* [[Organising a campaign]]
 
* [[Organising a campaign]]
 
* [[Studies on economics and innovation]]
 
* [[Studies on economics and innovation]]
 
* [[Software patents harm SMEs]]
 
* [[Software patents harm SMEs]]
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* [[IBM and MS deciding New Zealand legislation]]
  
 
==External links==
 
==External links==
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===Government institutions===
 
===Government institutions===
 
* [http://www.parliament.govt.nz parliament.govt.nz] - the official government website where legislative procedures can be followed
 
* [http://www.parliament.govt.nz parliament.govt.nz] - the official government website where legislative procedures can be followed
** [http://www.legislation.govt.nz/bill/government/2008/0235-1/latest/DLM1419043.html Proposed text of Patents Bill]
 
** [http://www.parliament.nz/en-NZ/PB/Legislation/Bills/BillsDigests/a/3/2/49PLLawBD16741-Patents-Bill-2008-Bills-Digest-No-1674.htm Summary of the bill]
 
** [http://www.parliament.nz/en-NZ/PB/SC/MakeSub/e/c/4/49SCCOpatentsbill200907021-Patents-Bill.htm Invite for submissions regarding Patents Bill before July 2nd]
 
 
* [http://www.iponz.govt.nz/ Intellectual Property Office of New Zealand], the national patent office
 
* [http://www.iponz.govt.nz/ Intellectual Property Office of New Zealand], the national patent office
  
 
===Other===
 
===Other===
* http://theyworkforyou.co.nz/bills/patents
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* [http://researcharchive.vuw.ac.nz/bitstream/handle/10063/1027/thesis.pdf?sequence=1 Masters thesis on patents in NZ], by Joel W Pauling
* [http://www.med.govt.nz/templates/ContentTopicSummary____2168.aspx Masters thesis on patents in NZ], by Joel W Pauling
 
 
* [http://ipwatch.internetnz.net.nz/ IPwatch service of InternetNZ]
 
* [http://ipwatch.internetnz.net.nz/ IPwatch service of InternetNZ]
 
* [http://www.internetnz.net.nz/proceedings/ctte/pub-pol/archive/2003/larac030829patent.html 2003 comments by InternetNZ regarding swpats in NZ]
 
* [http://www.internetnz.net.nz/proceedings/ctte/pub-pol/archive/2003/larac030829patent.html 2003 comments by InternetNZ regarding swpats in NZ]
 
* [http://wiki.ffii.org/SwpatnzEn FFII page with details about New Zealand, archived since 2005]
 
* [http://wiki.ffii.org/SwpatnzEn FFII page with details about New Zealand, archived since 2005]
 
* [http://nzoss.org.nz/ New Zealand Open Source Society] - an organisation representing one sector that would be harmed by software patents
 
* [http://nzoss.org.nz/ New Zealand Open Source Society] - an organisation representing one sector that would be harmed by software patents
* [http://lists.ethernal.org/pipermail/dunlug/2009-June/thread.html#4604 Archives of Dunlug mailing list where this was also discussed, June 2009]
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* [[AIPLA]]: [http://www.aipla.org/html/Patent-Handbook/countries/new-zealand/NZsoftware.html Info about software and business method patents in NZ]
<!-- [http://lists.ffii.org/mailman/listinfo/nz-parl/ another source of info, login required] -->
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* [http://computerworld.co.nz/news.nsf/news/protecting-ip-in-a-post-patent-environment ...a post-patent environment], May 26th 2010, ComputerWolrdNZ
  
 
==References==
 
==References==
<references />
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{{reflist}}
  
  
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{{footer}}
 
[[Category:Countries and regions]]
 
[[Category:Countries and regions]]
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[[Category:New Zealand]]

Latest revision as of 02:01, 12 August 2021


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The big hot topic is New Zealand Patents Bill 235. May 2013: new text might block software patents.


Patents Bill 2009 as of 2021

New Zealand no longer recognises computer software as patentable with the acceptance of Supplementary Order Paper 237, on 9 May 2013. There is a software industry petition website (now archived) documenting the advocacy and process (and intrigue - namely unethical behaviour by multinational corporations and their lawyers which, in turn, brought the NZ government minister into disrepute by association) involved. The website and those involved were thanked on the floor of NZ Parliament by the main MP advocate for the software patent ban, Claire Curran.

Patents Bill 2009 (as of 2012, still ongoing)

(See also: New Zealand Patents Bill 235)

Unifying examination with Australia 2012

In 2012, the government published a the Building Innovation[1] report. The only relevant mention of patents was one general statement:

Passing the Patents Bill will align our patent laws more closely with those of our trading partners and international best practice.

"aligning with trading partners" could be a euphemism for taking orders from the USA, or it could be innocuous.

Patent office decisions

The Intellectual Property Office of New Zealand (IPONZ) is responsible for examining patent applications.

In 2005, they approved an application for using a computer with an XML word-processor document, displayed with an XML Schema Definition, using software with the functionality of "parsing, modifying, reading, and creating the word-processor document".[2] [3]

To search for patents on the NZIPO website, go to their search page:

Then fill in one or more fields and go back to the top of the page and click "Submit query".

Legislative process

A "SOP" is a Supplementary Order Paper, which is an amendment.

Related pages on ESP Wiki

External links

Government institutions

Other

References