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New Zealand Draft Patent Law Rewritten After Microsoft Meeting 120

Posted by Soulskill
from the spreading-goodwill-and-benevolence dept.
ciaran_o_riordan writes "After two private meetings with Microsoft and IBM, New Zealand's proposed new patent legislation has been changed by 'replacing an exclusion in clause 15(3A) (which relates to computer programs) with new clause 10A. Rather than excluding a computer program from being a patentable invention, new clause 10A clarifies that a computer program is not an invention for the purposes of the Bill.' The difference is that the new 10A clause contains the 'as such' loophole — the wording that is used by the European Patent Office to grant software patents. This is the same Patents Bill launched in 2009."
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New Zealand Draft Patent Law Rewritten After Microsoft Meeting

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  • by karit (681682) on Tuesday August 28, 2012 @09:06PM (#41160061) Homepage Journal

    It seems that the NZ government is meant to represent the voters wishes, but it does seem to do what the US and Multinationals want. The Office of the United States Trade Representative said clause excluding software from patent-ability "departed from patent eligibility standards in other developed economies" (http://www.stuff.co.nz/technology/digital-living/7570288/Govt-accused-of-Patent-Bills-betrayal), umm so can't one country take the lead and see a problem, address it and move on to a better place?

  • by Anonymous Coward on Tuesday August 28, 2012 @10:06PM (#41160621)

    One of the justifications of patents is a deal theory, whereby the inventor discloses the invention in return for a limited-time monopoly. However, in the case of software patents, the inventor discloses nothing, hides the source code, and keeps the binary protected by copyright. So the deal is completely one-sided. That is what's wrong with software patents.

  • by Anonymous Coward on Tuesday August 28, 2012 @11:58PM (#41161595)

    > However, in the case of software patents, the inventor discloses nothing, hides the source code, and keeps the binary protected by copyright. So the deal is completely one-sided. That is what's wrong with software patents.

    If that were true, software patents could be invalidated by any competent patent lawyer because they simply do not satisfy the statutory requirement for disclosure of the best known means of practicing the invention.

    Boy, wouldn't that be nice. Can I join you in your fantasy land?

    One Click [espacenet.com]

    I see no source code, data structures, implementation details.. All I see is a garbled executive "flow chart" and a dozen claims covering every interface imaginable. If you create a system that interprets the solitary sound of someone farting in your general direction as a sale, then you're infringing.

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