IP Australia Proposes Patent Fee Increase
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 Computer Programs No Go in NZ |
| Computer programs are to be deemed unpatentable in New Zealand under the latest proposed amendment to the NZ Patents Bill. The Commerce Select Committee has recommended to the government that a new clause 15(3A) be introduced into the Bill. The clause would read: “(3A) A computer program is not a patentable invention.” The Commerce Select Committee was set up by the New Zealand government to review and make recommendations on the Patents Bill and various amendments to it. The Institute of Patent and Trade Mark Attorneys of Australia (IPTA) has made responsive submissions opposing the proposal. The submissions argue that there is no sound justification for introducing any explicit provision in the Bill relating to computer programs. There is no specific exclusion to the patentability of computer programs in Australia. Provided the invention involving a computer program creates an artificial state of affairs (a concrete, tangible, physical or observable effect) then the invention is patentable. This test has proved to be a workable framework for defining patentable computer programs. IPTA has urged the New Zealand government to adopt the same approach. For further information please contact Phillips Ormonde Fitzpatrick partners David Tadgell (david.tadgell@pof.com.au) or Ross McFarlane (ross.mcfarlane@pof.com.au). |
