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Software Now Un-Patentable In New Zealand
A few weeks ago New Zealand Software decided to grant software patents. But now
"Despite what appears to be a big-budget lobbying effort by the pro-patent fraternity, Hon Simon Power announced today that he wouldn't be modifying the proposed Patents Bill hence software will be un-patentable once the Bill passes into law.
This is significant. As we've previously pointed out software patents aren't black and white, and there are certainly pros and cons. However on balance, we believe they represent a far greater risk to smaller NZ-based software providers than opportunity, and there are many cases where they have significantly stifled innovation.
We believe it's near impossible for software to be developed without breaching some of the hundreds of thousands of software patents awarded around the world, hence many software companies in New Zealand, creating outstanding and innovative software, live a constant risk that their entire business will be wound up overnight due to litigious action by a patent holder.
This has led to many a 'patent troll' company, primarily in the US. These are non-software companies who exist only to buy up old patents with the sole intention of suing innovative software companies for apparent breach of these patents. The effects of this have been chilling."
Some news sources over the Internet state that according to the proposed law inventions for software destined for embedded systems will remain patentable, which IMO doesn't sound/look good since it opens a loophole for dirty manoeuvres.
He's saying quite the opposite. He's saying what the US does or doesn't do won't matter if all the other countries develop some form of sanity.
Which, of course, won't happen, so he makes his point with a VERY hypothetical "what if..." scenario.
The most important point is that this isn't over. The Bill isn't even written yet, nor are the patent office guidelines. Background info:
Expert in software patents or patent law? Contribute to the ESP wiki!
Everything you need to know about migrating to NZ is here.
There are some really innovative things happening all the time in software and they take money and time to research.
Same for Mathematics yet they're unpatentable *and* uncopyrightable. Yet innovation goes on.
No problem is insoluble in all conceivable circumstances.
"Meanwhile"? Unless you've got a very broad definition of that word, I think I have to disagree. Business method patents came in with State Street back in '98. And while this year's SC decision in Bilski didn't go as far as many (including me) might have hoped, it did actually cut back quite a bit on what's patentable. See, for example, this Groklaw article on a post-Bilsk software patent rejection.
I think a better statement might be, "meanwhile, in the US, the way for business method patents has been only partially blocked."
"Despite what appears to be a big-budget lobbying effort by the pro-patent fraternity, Hon Simon Power announced today that he wouldn't be modifying the proposed Patents Bill hence software will be un-patentable once the Bill passes into law.
Follow the link in the summary and you get:
It's official: Software will be unpatentable in NZ
Despite what appears to be a big-budget lobbying effort by the pro-patent fraternity, Hon Simon Power announced today that he wouldn't be modifying the proposed Patents Bill hence software will be unpatentable once the Bill passes into law.
And follow that link, and you get:
Simon Power 15 JULY, 2010 Minister announces way forward for software patents Commerce Minister Simon Power has instructed the Intellectual Property Office of New Zealand (IPONZ) to develop guidelines to allow inventions that contain embedded software to be patented.
So, seems to be the opposite of what the summary claims.