
With all the discussion on the web about all the bad law in the US it is often easy to miss bad law in your own country. What is the situation in NZ with regard to software patents? I know there is lots of discussion on various OSS/FS sites about the current wrangling in the EU over software patents. Do we have evil laws in NZ regarding this? If we do it would probably be a good idea to start making some noise about it. Regards -- Oliver Jones » Director » oliver.jones(a)deeperdesign.com » +64 (21) 41 2238 Deeper Design Limited » +64 (7) 377 3328 » www.deeperdesign.com

With all the discussion on the web about all the bad law in the US it is often easy to miss bad law in your own country. What is the situation in NZ with regard to software patents? I know there is lots of discussion on various OSS/FS sites about the current wrangling in the EU over software patents. Do we have evil laws in NZ regarding this? If we do it would probably be a good idea to start making some noise about it.
And if we do not, we might as well start lobbying against them already. -- Matthias

Matthias Dallmeier wrote:
And if we do not, we might as well start lobbying against them already.
We're all slightly late. A review was conducted over 2002/2003. A discussion document was circulated, submissions were received, and Cabinet released a policy document: http://www.med.govt.nz/buslt/int_prop/patentsreview/cabinet/index.html Don't fear, however. Although Cabinet decided that software will remain patentable "in principle", as it always has been, they have decided to legislate additional requirements (presently it only needs to be "a manner of new manufacture", which seems to exclude most software patents anyway). Patents will soon need to be "novel, involve an inventive step, and be useful". This is supposed to harmonise us with Australian's patent law, prior to their FTA with the US. In addition, the Commissioner of Patents will be restricted to only granting patents on the balance of probabilities. i.e. more likely to be upheld by a court than rejected. At present, they grant patents unless it is "practically certain" they will be rejected. I assume legislation will be forthcoming. Watch out for bills. -- Jason Le Vaillant

http://www.nzoss.org.nz/home/index.php These people care. A lot. :) I suggest we work with them rather than duplicating effort. Greig.

Oliver Jones wrote:
With all the discussion on the web about all the bad law in the US it is often easy to miss bad law in your own country. What is the situation in NZ with regard to software patents? I know there is lots of discussion on various OSS/FS sites about the current wrangling in the EU over software patents. Do we have evil laws in NZ regarding this? If we do it would probably be a good idea to start making some noise about it.
Sounds like a good thing for us to discuss :) I've created a page on the WLUG wiki site: http://www.wlug.org.nz/SoftwarePatentsDiscussion that briefly summarises the situation as far as I can tell... anyone who wants to add to it or correct it should feel free to edit the page. John
participants (5)
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Greig McGill
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Jason Le Vaillant
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John R. McPherson
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Matthias Dallmeier
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Oliver Jones