In historic vote, New Zealand bans software patents

A major new patent bill, passed in a 117-4 vote by New Zealand's Parliament after five years of debate, will ban software patents.

The relevant clause of the patent bill actually states that a computer program is "not an invention." Some have suggested that was a way to get around the wording of the TRIPS intellectual property treaty, which requires patents to be "available for any inventions, whether products or processes, in all fields of technology." Processes will still be patentable if the computer program is merely a way of implementing a patentable process. But patent claims that cover computer programs "as such" will not be allowed. It's an open question whether other countries will take up New Zealand's example. An outright ban on software patents in the US seems unlikely given the large corporations—in tech and other sectors—that would oppose such a move. However, this year has been one of unprecedented concern about "patent trolls," with six bills introduced in Congress addressing that issue in the last several months.