Doppelgangers – local versus absolute novelty under New Zealand Practice

The more things change, the more they stay the same.  New Zealand’s new Patents Act 2013 commenced on 13 September 2014 – and with it, the much-heralded shift from the local novelty standard employed under the Patents Act 1953 to absolute, or worldwide novelty. In this article, we consider what effect this shift is likely

Reimagining best patent practice in New Zealand (again)

The notion of what constitutes “best practice” when it comes to prosecuting New Zealand patent applications over the past 4-5 years has changed almost as often as Australia has changed Prime Minister.  Over this period, we’ve found that at least one of legislation (Act and Regulations), precedent law, Patent Office throughputs, examination protocols and international/bilateral

Software patents: You’ll know one when you see it

In? Out? Either way, talk of software patents has dominated discussion of the New Zealand Patents Bill for several years, causing unfortunate delay for a much needed update to New Zealand patent law. However, resolution may be on the horizon. Following fierce lobbying by many in the New Zealand IT sector, the Government has announced

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

NZ updates draft legislation to exclude software “as such”

Following several years of uncertainty over the form and function of New Zealand patent law’s “software exclusion”, the Government has now adopted the “as such” wording of EPC Article 52(3). Although the legislation is still “fluid” insofar as it has yet to be passed by Parliament, recent events lead us to believe that “as such”