New Zealand’s Patents Act 2013 – support means support (which is more than fair basis)

When  New Zealand’s new Patents Act 2013 commenced on 13 September 2014, one of the less-heralded changes was the shift in the invention disclosure requirement from “fair basis” under the old Act (Patents Act 1953) to “support”, as now required under section 39(2)(c) of the new Act.  A recent decision of the Intellectual Property Office

Patents covering microorganisms – new deposit receipt requirements in New Zealand

When a claim of a patent covers a micro-organism that is difficult to reproduce or a method that requires the use of such a micro-organism, the patentee may meet the obligation to fully disclose the micro-organism by depositing a sample of the micro-organism in a recognised depositary institution under the Budapest Treaty. The new New

Progress toward New Zealand’s new Patents Act: End of year report card

As readers will know, New Zealand patent law has been in the throes of reform for the best part of a decade. The original exposure draft of the Patents Bill was released in 2004 – and since that time, we’ve penned a series of very similar articles, each entitled something along the lines of “Progress

Differences in trans-Tasman patent law: Patents and experimental use

Patents legislation throughout the world generally provides that one party shall not exploit another’s patented invention. On the other hand, it is widely accepted at common law that experimenting with or around such an invention is permissible so long as such experimentation is not commercial in nature. The so-called Experimental Use Exception to patent infringement

Progress en route to New Zealand’s new Patents Act

The exposure draft of the Patents Bill was released in 2004; we are now well into 2012 – and New Zealand still doesn’t have its new Patents Act. The term “progress” is thereby somewhat subjective. In this article, we briefly explain some of the reasons why, despite much promise, nothing has yet transpired. The Patents Bill 2008 had its first

Draft Guidelines for examining software patents under New Zealand’s new Patents Act

In August 2010, we reported that the latest iteration of New Zealand’s new Patents Act purported to now exclude computer software from patentability. The proposed exclusion was not only a reversal of New Zealand’s previous position, it was also contrary to the stance taken by her major trading partners – especially Australia and the United