New Zealand Does Something Right! [software patents]

In historic vote, New Zealand bans software patents

A major new patent bill, passed in a 117-4 vote by New Zealand's Parliament after five years of debate, has banned software patents.

The relevant clause of the patent bill actually states that a computer program is "not an invention." Some have suggested that was a way to get around the wording of the TRIPS intellectual property treaty, which requires patents to be "available for any inventions, whether products or processes, in all fields of technology."

Processes will still be patentable if the computer program is merely a way of implementing a patentable process. But patent claims that cover computer programs "as such" will not be allowed.

It seems there will be some leeway for computer programs directly tied to improved hardware. The bill includes the example of a better washing machine. Even if the improvements are implemented with a computer program, "the actual contribution is a new and improved way of operating a washing machine that gets clothes cleaner and uses less electricity," so a patent could be awarded.

One Member of Parliament who was deeply involved in the debate, Clare Curran, quoted several heads of software firms complaining about how the patenting process allowed "obvious things" to get patented and that "in general software patents are counter-productive." Curran quoted one developer as saying, "It's near impossible for software to be developed without breaching some of the hundreds of thousands of patents granted around the world for obvious work."

"These are the heavyweights of the new economy in software development," said Curran. "These are the people that needed to be listened to, and thankfully, they were."

The head of New Zealand's Institute of IT Professionals, Paul Matthews, celebrated the passage of the bill, tweeting: "Software patents are now disallowed in New Zealand. #Historic #Awesome #Yay." Matthews also noted that the new law will only apply to new patent applications, so existing software patents will continue to stand in New Zealand.

It's an open question whether other countries will take up New Zealand's example. An outright ban on software patents in the US seems unlikely given the large corporations—in tech and other sectors—that would oppose such a move. However, this year has been one of unprecedented concern about "patent trolls," with six bills introduced in Congress addressing that issue in the last several months.

And just when I thought they couldn't make up for the extinction of the Moa.

I'm from New Zealand, jackass.

:P

Nice, fingers crossed the rest of the world follows suit before some company tries to patent 0 and 1.

I was wary of this thread at first, since we do some really stupid shit these days. Anti-gaming practices are especially driving me mad.

Also, blame the maoris for the moas. Us european descendants are innocent!

Obsidian said:

I'm from New Zealand, jackass.

:P

Seriously!? Yay, a high profile NZ Doomer!

I didn't even know this was a thing until just now. Shows how much I care about my own countries politics, I guess.
Regardless, hooray.

Ragnor said:

Seriously!? Yay, a high profile NZ Doomer!

I'm high profile? 8-)

We kiwi's always do everything right, even when we don't.

Now bring this crap to America especially and Europe please.

"Intellectual property has the shelf life of a banana" --Bill Gates

Although (an) apple may be more appropriate for an analogy.