New Zealand Bans Software Patents
BeckyStrause
New Zealand’s Parliament passed a major new patent bill, in a vote 117-4, to ban software patents. Part of the bill reads like this:
“We recommend amending clause 15 to include computer programs among inventions that may not be patented. We received many submissions concerning the patentability of computer programs. Under the Patents Act 1953 computer programs can be patented in New Zealand provided they produce a commercially useful effect.Open source, or free, software has grown in popularity since the 1980s. Protecting software by patenting is inconsistent with the open source model, and its proponents oppose it. A number of submitters argued that there is no “inventive step” in software development, as “new” software invariably builds on existing software. They felt that computer software should be excluded from patent protection as software patents can stifle innovation and competition, and can be granted for trivial or existing techniques. In general we accept this position.”
The bill, in it’s entirety, can be seen here.
Paul Matthews, Chief Executive of the Institute of IT Professionals NZ, posted the following celebratory Tweet. “ #NZPatentsBill just passed third reading 117-4 and will be law. Software patents are now disallowed in New Zealand. #Historic #Awesome #Yay” Also according to Matthews, “It’s not retrospective unfortunately, so only new applications.”
Free software advocates in this small country have won a big battle. But whether or not other countries will follow suit is still an open question. However, six bills have been introduced in Congress addressing this issue.
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