Posted on 14/07/2008
The Patents Bill was introduced to the House of Representatives for its first reading on 9 July 2008. The full text of the Patents Bill is available online.
The Bill will introduce a number of important changes to the New Zealand patents regime. For example, the local novelty standard will be replaced with an absolute novelty standard, which means that if an invention has been disclosed anywhere in the world prior to filing, patent protection will not be available. The grounds of inventiveness and utility will be added to the existing novelty examination ground. This brings New Zealand into line with most other jurisdictions. In addition, the Patents Bill specifically excludes diagnostic, therapeutic and surgical methods from patentability. Plant varieties will also be excluded.
Another significant change will be the introduction of a Maori Advisory Committee. The Advisory Committee will advise the Commissioner if an invention is derived from Maori traditional knowledge or from indigenous plants and animals and if so whether the commercial exploitation of the invention is likely to be contrary to Maori values.
The Patents Bill will now proceed through the legislative process and is expected to be sent to Select Committee for review. In view of the general election which will be held late in 2008, there will be no significant progress with the Bill until 2009.
For further information please contact Julie Ballance.