Sunday, September 02, 2012

Guess who supports [the NZOSS] fix to the Patents Bill?

"As you probably all know, Fisher & Paykel Appliances (FPA) has been the only prominent NZ company opposing the Patents Bill, on the grounds that it might prevent patents on its appliances containing embedded software. That may be a reasonable concern, although not one that was ever a real risk. But unfortunately, instead of suggesting an express carve-out for embedded software to allay that concern, some patent attorneys have instead used the claimed "threat" to FPA to demand that the entire software patent exclusion be scrapped."

According to an OIA request, all they were really asking for was a specific exclusion for embedded software from the general exclusion
"Clause 15(3A) should be amended to include an express "carve out" to allow patents for "embedded systems", such as programmed controllers for washing machines, dishwashers, refrigerators and other whiteware."

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