Examining the Patents Bill

About

It is widely acknowledged that the 1953 Patents Act is insufficient when compared with international Patent legislation and needed sweeping changes to benefit applicants by brining it into line with our trading partners. The Patents Bill has received much interest among the Intellectual Property fraternity and this intensive one day conference will examine the Bill in its latest form, and discuss the implications for applicants.

Agenda

Agenda: Day 1

8.30

Registration & Coffee

9.00

Opening Remarks from the Chair

9.10

Intentions of the Patents Bill – Panel Discussion

The Bill is intended to update New Zealand’s patent regime to ensure it continues to provide an appropriate balance between providing adequate incentives for innovation and technology while ensuring the interests of the public and Maori are protected. This panel discussion will examine the effectiveness of the Bill in bringing about such a balance.
Clive Elliott, Barrister, SHORTLAND CHAMBERS
Elspeth Buchanan, Principal, P L BERRY & ASSOCIATES
Ken Moon, Consultant, AJ PARK

No documentation available for this session

10.00

Exclusions to Patentability

The Bill specifically excludes certain inventions such as methods of medical treatment of humans, human beings and biological processes for their generation, plant varieties and inventions whose commercial exploitation would be contrary to morality. This session discusses some of these specific exclusions and the reasoning behind them.

Fiona Pringle, Associate, BALDWINS INTELLECTUAL PROPERTY

10.50

Morning tea

11.10

Criteria for Granting an Application

The Bill proposes to include for the first time in New Zealand certain criteria which are widely accepted in other countries. This session will examine these criteria and the likely impact on patent applications.
• Introducing an “absolute novelty” standard
• “Obviousness” standard
• Defining a “manner of manufacture”
• Application of “an inventive step”
• “Usefulness” – demonstrating specific, substantial and credible utility

Evelyn Body, Senior Associate/Registered Patent Attorney, LOWNDES ASSOCIATES

12.00

Abolishing the Pre-Grant Opposition Procedure – A Controversial Move?

• Challenging and enforcing patents under the proposed new regime
• Oppositions
• Re-examination
• Revocation
• Inventor disputes
• Case management and costs

Clive Elliott, Barrister, SHORTLAND CHAMBERS

12.45

Lunch

1.45

Patent Extensions – Vital for the Biotechnology and Medicines Industry?

One of the key issues facing the Select Committee is whether patents can be extended beyond their statutory period of 20 years. Pharmaceuticals companies argue that this is not long enough. New Zealand is rarely the first place a drug is put on the market, and by the time permission has been given to distribute, there may be only a few years of patent life left. Also the last government’s Biotechnology taskforce recommended patent extensions as a way to support this sector. This session will examine the pros and cons of extending patents, and the possible effects of patent extensions on all industry sectors.

Elspeth Buchanan, Principal, P L BERRY & ASSOCIATES

2.30

Maori IP and the Patents Bill

The Bill establishes a Maori advisory committee to provide advice to the Commissioner in respect of patent applications for inventions involving indigenous plants and animals. In the light of the Wai 262 claim, is an advisory committee the best way to avoid conflict and protect Maori rights?
• Format of the advisory committee
• Applications involving traditional knowledge
• Applications involving indigenous flora and fauna
• Determining whether commercial exploitation would be contrary to Maori values

Linda Robinson, Principal, TOMPKINS WAKE

3.15

Afternoon tea

3.30

Should Software be Covered by the Patents Bill?

• Is software already adequately protected by copyright law?
• Will the requirement to patent software stifle innovation?
• Would open source software be severely restricted?
• Australia includes software in its Patents Act – should New Zealand remain in line or opt to exclude software?

Ken Moon, Consultant, AJ PARK

4.15

Closing remarks from the Chair

4.20

End of Conference and Networking Drinks

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