Glossary
The Ministry indicated to the Focus Group that the following terms are ones that often occur in discussions on the patenting of life form inventions.
Agent or Patent Attorney
A person who prepares patent documentation and advises and negotiates with the Intellectual Property Office and others on behalf of an applicant.
Applicant
The person, or corporate body, applying for a patent. The applicant may be the inventor or another person or corporate body to whom the inventor has assigned his/her rights to the invention.
Application
A patent cannot be granted without providing the required forms, description of the invention and the required fees as required by the Act. An application is lodged at the Intellectual Property Office.
Biotechnology
A combination of the words "biological" and "technology". In its widest sense it refers to the use of biological materials in industrial processes, for example brewing beer, and the application of industrial processes to biological materials, for example producing plant fibres.
A specialised meaning often used in the context of the "life forms" debate is the manipulation of genetic material, such as DNA.
Commissioner of Patents
The person who holds this position is appointed under the Patents Act. This person is given certain powers under the Act to enable the Act to be administered.
Contrary to morality
Anything that is considered to be immoral. This term is very subjective because there is no test for immorality and changes according to the values of society at the time. The contrary to morality exclusion is in section 17 of the Patents Act.
Discretion
The Commissioner of Patents can decide on certain matters, as provided for in the Patents Act, based on the facts of the case.
DNA
Short for deoxyribonucleic acid. DNA is a large molecule made up of four smaller molecules. Molecules are collections of atoms. DNA is believed to be the carrier of genetic information. The exact reproduction of DNA is essential to ensure that its genetic information is transferred to future generations. The information contained in DNA also directs the development of cells which make up living matter according to its inheritance.
Industrially useful
To be useful an invention must work in the manner that the inventor intended. If it is discovered that the invention does not work then an application can be made to have the patent revoked. To be industrially useful the invention must be one that can be used in industry.
Intellectual property rights Rights which protect the output of human intellectual endeavour. Protection is given via intellectual property rights laws including: copyright, trade marks, patents, designs and plant variety rights. The effect of these laws is that owners of the intellectual property rights can treat their creations like any other property. The owners of the rights may exploit their creations, and may prevent others from doing so, in the terms provided for under the various intellectual property rights laws.
Genetic engineering
Genetic material
The material found in cells which contains the information which determines the characteristics of living things. This material is made up of molecules called DNA.
Grant of patent
A patent is granted when it has complied with the Patents Act. The owner can enforce his or her rights under the Act once the patent is granted.
Novel (patent)
A patent cannot be granted for an invention, or those parts of the invention, which has been previously published in the past 50 years in New Zealand.
Obvious
An example of an invention that could be considered obvious is a combination of two drugs, the resulting effect being no more than taking one drug after another. Whether an invention is obvious requires a careful assessment of the facts of the case by the Commissioner of Patents or by the Courts and the application of tests set out in judgements made in similar cases.
Opposition
Once an application for the granting of a patent is acceptable to the Commissioner, it is advertised in the Patent Office Journal. Any "interested person" may oppose the granting of the patent. This must be done in writing using a specific format, and must be done within 3 months from the date of publication of the Journal.
Intellectual Property Office of New Zealand (IPONZ)
This is part of the Ministry of Commerce. IPONZ is established by statute and administers the granting of patents and the registering of trade marks and designs. IPONZ is independent from the Ministry in the exercise of its statutory functions.
Patent specification
A patent specification consists of two parts, the description and the claims. The description must describe all of the details required to enable a suitably qualified person to make the invention. It must also describe the best method known to the inventor of making the invention. The claims describe the limits of the invention for which the inventor wishes exclusive rights to be granted. The claims must clearly signal to the public the boundaries of the monopoly.
Register of patents
All patents which have been granted are entered on the Register of Patents which is maintained by the Intellectual Property Office. This is the official record of the grant of patents and it records all relevant details. The Register is open for inspection by the public. There is no charge to inspect the register.
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