A week is a long time in patent law – Australia and New Zealand both move on second-tier patent systems
As reverse manifestations go, this one was pretty good. Within a week of our previous article, which effectively said progress toward New Zealand’s proposed second-tier Advancement patent had stalled, it then resumes in the very next Parliamentary session! Meanwhile, across the Tasman, draft legislation that purports to cull the Innovation patent system has re-emerged.
As seasoned patent scribes, who have between us covered almost everything of significance coming out of New Zealand over the past 15 years, the manner in which a recent article resonated was somewhat unexpected. The article didn’t cover the new Patents Act 2013, poisonous divisionals, the TPP, or even Eminem supposedly suing the NZ Government
The Patents Act 2013 creates legislative space (as distinct from impetus) for a New Zealand innovation patent
A New Zealand “innovation patent”? Unlikely, but watch this space nonetheless. The popularity of Australia’s innovation patents regime has been well documented. Although it is not without its faults, has been prone to certain unintended outcomes and has recently gained some high-profile critics, the Australian innovation patents regime has arguably been relatively successful in stimulating