A Research Exemption for New Zealand's Patent Legislation

The government decided to consider the issue of whether or not an experimental use exception should be incorporated into New Zealand's patent legislation.

At present there is uncertainty as to whether research or experimental work involving a patented invention is patent infringement in New Zealand. This may discourage researchers from conducting research in areas covered by patents, and could inhibit innovation in New Zealand. The question of the status of research or experimental work involving patented inventions is therefore one that could have significant implications for innovation in New Zealand.

An options paper was prepared by the Ministry seeking the views of interested parties on the issue of whether New Zealand's patent legislation should contain an explicit experimental use exception. This was published on 1 February 2006.

The paper built on work carried out by the Australian Law Reform Commission (ALRC) and the Australian Advisory Council on Intellectual Property (ACIP). Both the ALRC and ACIP have recommended that an experimental use exception be incorporated into Australia's patent legislation. Submissions closed on 7 April 2006.

After considering the submissions and advice from officials, Cabinet has agreed that an experimental use exception be incorporated into New Zealand's patent legislation, and that the wording of the exception be based on the wording proposed by the ACIP in their final report. It is proposed that the exception be incorporated into the draft Patents Bill, expected to be introduced later in 2006.

If you have any questions, please contact Warren Hassett, either at patexpuse@med.govt.nz, by telephone on 04-474 2830, or by facsimile on 04-499 1791.

Submissions on the Options Paper
Submissions received on the options paper on an experimental use exception for New Zealand's patent legislation.

An Experimental Use Exception for the Patents Act: Analysis of Submissions [ Published 22 June 2006 ]
This report summarises the submissions received on the options paper on an experimental use exception for New Zealand's patent legislation.

Cabinet Documents
Cabinet documents relating to A Research Exemption for New Zealand's Patent Legislation

An Experimental Use Exception for New Zealand's Patent Legislation: Options Paper [ Published 01 February 2006 ]
This paper deals with the issue of the use of patented inventions for research or experimental purposes by parties other than the patent owner, and whether or not New Zealand's patent legislation should state that such use does not infringe a patent.