Patents Bill updates intellectual property regime

A bill that updates important aspects of New Zealand's intellectually property regime passed its first reading in Parliament last night and was sent to select committee.

Attorney-General Christopher Finlayson, on behalf of Commerce Minister Simon Power, said the Patents Bill formed part of a wider reform process to ensure that New Zealand's intellectual property legislation took account of international developments and was relevant in the 21st century. It replaces the Patents Act 1953.

"The standard of patent examination required by the Patents Act 1953 is less strict that that required by most other countries," Mr Finlayson said.

"One consequence of that is that patent rights granted in New Zealand may be broader in scope than rights granted for the same invention in other countries.

"This has the potential to disadvantage our businesses and consumers, because technology which may be freely available elsewhere could be covered by a patent in New Zealand. Since much innovation is incremental, building on what exists, local innovators may be disadvantaged as well.

"The bill strengthens the criteria for granting a patent to ensure that patents are only granted for genuine innovations."

It enables the establishment of a Maori Advisory Committee to advise the Commissioner of Patents on whether applications for inventions involving traditional knowledge or indigenous plants and animals are novel, or involve an inventive step, or whether commercial exploitation of such inventions would be offensive to Maori.

"The bill reflects the government's commitment to aiding economic growth through innovation. A modern and effective patent law provides an incentive for innovation, while maintaining an appropriate balance between the interests of innovators and the interests of users of patented technology," Mr Finlayson said.