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==The proposed 2009 patents bill==
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==The proposed Patents Bill 2009==
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This is a proposed Patents Bill that would introduce unlimited software patents.  The "Commerce Committee" of the Parliament is inviting comments before July 2nd. See:
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This is a proposed Patents Bill that would modernize the patents system for all types of patents without exception for software patents.  This might be an improvement over NZ's current software patent law (though probably isn't) however still leaves software patenting unrestricted in NZ.
  
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* [http://www.parliament.nz/en-NZ/SC/SubmCalled/e/c/4/49SCCOpatentsbill200907021-Patents-Bill.htm Make a  submission: Patents bill]
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At the first reading, [http://theyworkforyou.co.nz/bills/patents/2009/may/05/first_reading#party_votethe party votes were]:
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* According to [http://www.parliament.nz/NR/rdonlyres/ACB8A16D-D905-416C-AE98-A6BFB07E34B5/103484/makingasubmission2007_1.pdf Making a Submission to a Parliamentary Select Committee] the [http://www.parliament.nz/en-NZ/PB/SC/MakeSub/e/c/4/49SCCOpatentsbill200907021-Patents-Bill.htm Patents bill page] is supposed to specify whether submissions can be made online or not.  However it does not.  Perhaps the [http://www.parliament.nz/en-NZ/Email.htm?e=8ECJdqqjZ0PnpBRe3U%2bB6vBllXK7uyBB5awXQ4dci%2fn3C4tp&n=wEqIfqCjPUXt6SpSykmB%2b%2bJXjHK9 Committee Secretariat Email contact] link implies that you can?
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* Supporting: National, Labour, ACT, Progres., United F, totaling 107 votes.
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* Not supporting: Green, Maori, totalling 14 votes.
  
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[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#DLM1419228sections 14] and [http://www.legislation.govt.nz/bill/government/2008/0235-1/latest/DLM1419230.html#DLM1419230 15] define exclusions.  There is no mention of excluding software ideas.  Section 13 requires applications to cover "''a manner of manufacture within the meaning of section 6 of the Statute of Monopolies''".  This term should be looked up, but third-party reports already say that this text does introduce software patents.
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The "Commerce Committee" of the Parliament is inviting comments till July 2.
  
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(Question: On those pages for sections 13, 14, and 15, are the words in bold the changes?)
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Both Labor and Act would need to change their stance to outnumber the rest – and even then it would only be by 1 vote. Labour's unlikely to change since they introduced in on 9 July 2008. To be precise it was Judith Tizard, who also introduced s92 copyright law amendments (remember the [http://creativefreedom.org.nz/blackout.html Internet Blackout] just a few months ago?) that introduced it.
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:(Answer: No.  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.)
 
  
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* More information: [http://theyworkforyou.co.nz/bills/patents/2009/may/05/first_reading The parliament's first reading transcript] and [http://theyworkforyou.co.nz/bills/patents TheyWorkForYou's page]. The [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, which mentions software only once.
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Judging by [http://theyworkforyou.co.nz/bills/patents/2009/may/05/first_reading the first reading] it's pretty clear than this bill is going through and is necessary and overdue. The real issue is that parliament has barely considered or discussed the implications it has on software (and some other industries).  
  
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Pharmaceutical lobby groups are interested in this bill,<ref>http://www.pof.com.au/Assets/8/1/InventiveStepsJune2006.pdf</ref> so the scope is clearly broader than just software.  If the pressure for this bill is coming from non-software interests, it may be simple to exclude software.
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As [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 "the 20-year duration of patent coverage may be reasonable for a new mousetrap, but is effectively for ever for a software idea".
  
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Indeed, 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>
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The [http://www.legislation.govt.nz/bill/government/2008/0235-1/latest/096be8ed8023edc2.pdf current version] of the bill **mentions software only once**
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The bill intends to completely replace the old Patents Act.
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As part of the review, initial submissions from the public were sought in 2002.
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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. As part of the review, initial 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].
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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].
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===What To Do?===
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 +
* [http://www.parliament.nz/en-NZ/SC/SubmCalled/e/c/4/49SCCOpatentsbill200907021-Patents-Bill.htm Make a submission to the Commerce Committee about the Patents Bill]
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* Ask them to consider the implications of patents on software development & enlighten them on free and open source software and how patents harm FLOSS
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* **Ask for an exclusion that applies to software ideas (like the exclusion for surgical practices)**.
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===How To Make A Submission?===
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According to [http://www.parliament.nz/NR/rdonlyres/ACB8A16D-D905-416C-AE98-A6BFB07E34B5/103484/makingasubmission2007_1.pdf Making a Submission to a Parliamentary Select Committee] the [http://www.parliament.nz/en-NZ/PB/SC/MakeSub/e/c/4/49SCCOpatentsbill200907021-Patents-Bill.htm Patents bill page] is supposed to specify whether submissions can be made online or not.  However it does not appear to specify.  Perhaps the [http://www.parliament.nz/en-NZ/Email.htm?e=8ECJdqqjZ0PnpBRe3U%2bB6vBllXK7uyBB5awXQ4dci%2fn3C4tp&n=wEqIfqCjPUXt6SpSykmB%2b%2bJXjHK9 Committee Secretariat Email contact] link implies that you can?
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===The Written Law===
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* [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.
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* [http://theyworkforyou.co.nz/bills/patents/2009/may/05/first_reading Parliament's first reading transcript]
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* [http://theyworkforyou.co.nz/bills/patents TheyWorkForYou.co.nz's page]
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 +
[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] define exclusions.
 +
 
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(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.)
 +
 
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There is no mention of excluding software ideas – YET!
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====Other Exclusions in the bill ====
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"The bill excludes some inventions from patent protection, even though they might otherwise meet the requirements for a patent, if there is no benefit to the nation in allowing these inventions to be patented. Methods of treatment of human beings by surgery or therapy, and methods of diagnosis practised on human beings will not be able to be patented under the bill... In line with the recommendations of the Royal Commission on Genetic Modification, human beings and biological processes for their generation have been excluded from patent protection." [http://theyworkforyou.co.nz/bills/patents/2009/may/05/first_reading#attorney-general_1 Hon CHRISTOPHER FINLAYSON (Attorney-General)]
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====Exclusion By Other Aspects==
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[http://theyworkforyou.co.nz/bills/patents/2009/may/05/first_reading#attorney-general_1 Hon CHRISTOPHER FINLAYSON (Attorney-General)] also says that under the proposed bill "To be granted a patent ... an invention must be a **manner of manufacture**, novel, involve an inventive step, and be useful." Which raises the question: is useful & innovative software a *manner of manufacture*?  To be precise: [http://www.legislation.govt.nz/bill/government/2008/0235-1/latest/DLM1419225.html Section 13] requires applications to cover "''a manner of manufacture within the meaning of section 6 of the Statute of Monopolies''".  This term should be looked up, but third-party reports already say that this text does introduce software patents.
  
 
==Patent office==
 
==Patent office==

Revision as of 23:11, 16 June 2009

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The proposed Patents Bill 2009

This is a proposed Patents Bill that would modernize the patents system for all types of patents without exception for software patents. This might be an improvement over NZ's current software patent law (though probably isn't) however still leaves software patenting unrestricted in NZ.

At the first reading, party votes were:

  • Supporting: National, Labour, ACT, Progres., United F, totaling 107 votes.
  • Not supporting: Green, Maori, totalling 14 votes.

The "Commerce Committee" of the Parliament is inviting comments till July 2.

Both Labor and Act would need to change their stance to outnumber the rest – and even then it would only be by 1 vote. Labour's unlikely to change since they introduced in on 9 July 2008. To be precise it was Judith Tizard, who also introduced s92 copyright law amendments (remember the Internet Blackout just a few months ago?) that introduced it.

Judging by the first reading it's pretty clear than this bill is going through and is necessary and overdue. The real issue is that parliament has barely considered or discussed the implications it has on software (and some other industries).

As KEVIN HAGUE (Green MP) – the ONLY MP to mention software in the first reading – points out "the 20-year duration of patent coverage may be reasonable for a new mousetrap, but is effectively for ever for a software idea".

The current version of the bill **mentions software only once**

This bill is the culmination of a review of the Patents Act 1953, which was started in August 2000.[1] The bill intends to completely replace the old Patents Act. As part of the review, initial 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 Business Methods and Software.

What To Do?

How To Make A Submission?

According to Making a Submission to a Parliamentary Select Committee the Patents bill page is supposed to specify whether submissions can be made online or not. However it does not appear to specify. Perhaps the Committee Secretariat Email contact link implies that you can?

The Written Law

Section 13 defines what is patentable, and sections 14 and 15 define exclusions.

(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.)

There is no mention of excluding software ideas – YET!

Other Exclusions in the bill

"The bill excludes some inventions from patent protection, even though they might otherwise meet the requirements for a patent, if there is no benefit to the nation in allowing these inventions to be patented. Methods of treatment of human beings by surgery or therapy, and methods of diagnosis practised on human beings will not be able to be patented under the bill... In line with the recommendations of the Royal Commission on Genetic Modification, human beings and biological processes for their generation have been excluded from patent protection." Hon CHRISTOPHER FINLAYSON (Attorney-General)

==Exclusion By Other Aspects

Hon CHRISTOPHER FINLAYSON (Attorney-General) also says that under the proposed bill "To be granted a patent ... an invention must be a **manner of manufacture**, novel, involve an inventive step, and be useful." Which raises the question: is useful & innovative software a *manner of manufacture*? To be precise: Section 13 requires applications to cover "a manner of manufacture within the meaning of section 6 of the Statute of Monopolies". This term should be looked up, but third-party reports already say that this text does introduce software patents.

Patent office

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".

See also

External links

Government institutions

Other

References

  1. ↑ http://www.med.govt.nz/templates/ContentTopicSummary____5876.aspx
  2. ↑ http://www.nzherald.co.nz/technology/news/article.cfm?c_id=5&objectid=10115247
  3. ↑ http://www.iponz.govt.nz/ipol-ipdocs/doc/11399/11399109_ido_6918154_6.doc
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