News

Patent protection for software extended to underlying data structure

01 Jun 2007

In a decision released on 1 June 2007, the Assistant Commissioner of Patents has extended New Zealand patent protection for software to include data structures that enable computer systems to process information.

In Microsoft Corporation’s Application, 535067, the Intellectual Property Office of New Zealand found that a data structure for processing graphical and other video information on computer systems is an ‘invention’ as defined in the Patents Act 1953. Therefore the data structure qualifies for patent protection.

IPONZ has always shown remarkable flexibility extending the 1950s definition of ‘invention’ to cover modern day technology.

“Following the lead of Australian and US courts, IPONZ has granted patents for computer software for over a decade now” says A J Park partner, Matt Adams. “Extending that protection to cover the underlying database will give software designers recognition for the creativity that goes into structuring their data" he says.

The Assistant Commissioner of Patents allowed Microsoft’s patent application because the invention produced a commercially useful effect. Microsoft’s data structure enabled data to co-operate with a computer program in a more efficient way. Increased efficiency is one example of a commercially useful effect.

The New Zealand government released a draft Patents Bill in late 2005 proposing a more modern definition of patentable inventions. The Bill is still waiting to be introduced into Parliament.

The decision in Microsoft Corporation’s Application 535067  is available on www.iponz.govt.nz under release P4/2007.

For more information about this decision, or if you would like to find out more about protecting your software, please contact Matt Adams by phone: +64 4 498 3454 or email: matt.adams@ajpark.com.