Difference between revisions of "New Zealand"
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Judging by [http://theyworkforyou.co.nz/bills/patents/2009/may/05/first_reading the first reading] it seems this bill is going through sooner or later and that it is both necessary and overdue. The issue is that parliament has barely considered or discussed the implications it has on software (and some other industries too). | Judging by [http://theyworkforyou.co.nz/bills/patents/2009/may/05/first_reading the first reading] it seems this bill is going through sooner or later and that it is both necessary and overdue. The issue is that parliament has barely considered or discussed the implications it has on software (and some other industries too). | ||
| − | 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''. | + | 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''". |
| − | The [http://www.legislation.govt.nz/bill/government/2008/0235-1/latest/096be8ed8023edc2.pdf current version] of the bill | + | The [http://www.legislation.govt.nz/bill/government/2008/0235-1/latest/096be8ed8023edc2.pdf 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.<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]. | 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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* [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] | * [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] | ||
* Ask them to consider the implications of patents on software development & enlighten them on free and open source software and how patents harm FLOSS | * Ask them to consider the implications of patents on software development & enlighten them on free and open source software and how patents harm FLOSS | ||
| − | * | + | * '''Ask for an exclusion that applies to software ideas (like the exclusion for surgical practices)'''. |
===How To Make A Submission?=== | ===How To Make A Submission?=== | ||
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====Exclusion By Other Aspects==== | ====Exclusion By Other Aspects==== | ||
| − | [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 | + | [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 23:19, 16 June 2009
countries and regions
- News articles?
- Companies harmed
- Studies showing harm?
- Legislation
- Court cases
- Patents granted
- About the patent office
- Politicians against swpat
Contents
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 on 5 May 2009, party votes were:
- Supporting: National, Labour, ACT, Progres., United F, totaling 107 votes.
- Not supporting: Green, Maori, totalling 14 votes.
Now the "Commerce Committee" of the Parliament is inviting comments till July 2.
Both Labour and Act would need to change their stance to outnumber the rest – and even then it would only be by 1 vote. Labour is 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 seems this bill is going through sooner or later and that it is both necessary and overdue. The issue is that parliament has barely considered or discussed the implications it has on software (and some other industries too).
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?
- Make a submission to the Commerce Committee about the Patents Bill
- Ask them to consider the implications of patents on software development & enlighten them on free and open source software and how patents harm FLOSS
- Ask for an exclusion that applies to software ideas (like the exclusion for surgical practices).
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
- 3656KB PDF of the current version of the bill includes an 82-page explanatory note.
- Parliament's first reading transcript
- TheyWorkForYou.co.nz's page
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
- parliament.govt.nz - the official government website where legislative procedures can be followed
- Intellectual Property Office of New Zealand, the national patent office
Other
- 2009:Patents Bill First Reading
- http://theyworkforyou.co.nz/bills/patents
- Masters thesis on patents in NZ, by Joel W Pauling
- Software patents article from same website, author could be different though
- IPwatch service of InternetNZ
- 2003 comments by InternetNZ regarding swpats in NZ
- FFII page with details about New Zealand, archived since 2005
- New Zealand Open Source Society - an organisation representing one sector that would be harmed by software patents
