New Zealand: Patents Bill introduced to Parliament
29 July 2008Following the release of a draft Patents Bill in 2005, a new Patents Bill has now been introduced to the New Zealand Parliament for a first reading. The Bill will then be referred to a select committee.
Proposed law
The Patents Bill retains the most significant proposals for change from the draft Bill. These include:
- a requirement for absolute or worldwide novelty
- exclusions to patentability for human beings, plants, methods of diagnosis of humans, and treatment of human beings by surgery or therapy, and
- a Maori advisory committee advising the Commissioner of Patents as to whether 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.
Our previous report on the draft Bill can be found at: http://www.freehills.com/publications/publications_4955.asp.
Changes from the draft Bill
The Bill proposes some significant changes from the draft Bill.
Employee disputes
Where a dispute arises as to an invention made by an employee, the dispute can be referred to either the commissioner or the Employment Relations Authority, an investigative body established under Employment Relations legislation. Under the 1953 Act, such disputes were heard either by the commissioner or the court.
Experimental use exemption
An experimental use exemption has been introduced. This was to be expected following discussion of such an exemption in 2006.
Secret use
The ground of revocation of a patent for secret use has been confined to use within New Zealand. The draft Bill provided for revocation based on secret use regardless of where the use occurred.
Damages
A court may only grant damages or an account of profits for a partially valid patent if it is proved that the invalid claim was framed in good faith and with reasonable skill and knowledge. Previously, account was to be taken of the framing of the specification as a whole.
It is also interesting that the Bill retains prior art disclosure requirements similar to those that were in effect for a period in Australia and recently abandoned.
The bill can be viewed at http://www.legislation.govt.nz/bill/government/2008/0235-1/latest/DLM1419043.html.
For more information please contact
Title : Partner
Office : Sydney
Phone : +61 2 9225 5004
Fax : +61 2 9322 4000
Email : paul.savage@freehills.com
