The legendary Patent Troll Wars will not see much of a theater in New Zealand, after Parliament just this month determined that software is no longer able to be patented in New Zealand.
New Zealand’s Patent Act 2013 seeks to clean up the patent process by no longer granting patents for software, “strengthen the criteria for granting a patent by introducing an ‘absolute novelty’ standard, and examine patent applications for usefulness and the presence of an ‘inventive step,'” and “simplify the procedures for granting a patent, streamline the procedures for challenging a patent, and expand revocation procedures to allow any person, at any time, to apply to the Commissioner of Patents for a grant of patent to be revoked.” Patent Act 2013, Introduction.
These changes are designed to allow several things, but the overarching goal is to make it less-likely that so-called ‘patent trolls’ will be able to press their case in New Zealand. So far, it appears as though the Kiwi tech world is on board with the changes as well, and several American publications are urging the U.S. to follow suit.
http://www.zdnet.com/new-zealand-bans-software-patents-7000019955/
http://www.iitp.org.nz/news/archives/4926-Newsline_Extra_Weekly_roundup_of_big_news_in_tech?r=2-IITP-News (for a list of articles supporting the new Act)
The Institute of IT Professionals chief Executive Paul Matthews stated, “Today’s historic legislation will support our innovative technology industry, and sends a clear message to the rest of the world that New Zealand won’t tolerate the vexatious practice of ‘patent trolls’. That is, when software patents are created with the sole purpose of bringing costly litigation against inventive technology companies…In short, the banning of software patents is a victory for common sense.”
It remains to be seen how this new Act will impact the software industry in New Zealand, but the short-term ramifications will likely be a decrease in ‘frivolous’ patent litigation. While American developers are being forced to resort to extreme measures to deal with patent infringement claims here in the U.S., New Zealand is looking far more attractive as a tech start-up hub.
Full text of the Patent Act 2013: http://www.legislation.govt.nz/bill/government/2008/0235/14.0/whole.html#DLM1419228