Open Access Te Herenga Waka-Victoria University of Wellington
thesis_access.pdf (257.88 kB)

Software patents as such: Software patentability in New Zealand under the Patents Bill

Download (257.88 kB)
posted on 2021-11-14, 02:10 authored by Radcliffe, Saadi

This paper examines the patentability of software under the Patents Bill. It attempts to determine how a New Zealand court will interpret the provisions of the Patents Bill that relate to the exclusion of software, and to what extent the “as such” exclusion will apply. It does this by looking at principles of statutory interpretation and the relevant English and European case law on the matter. It concludes that a New Zealand court will interpret the provision in accordance with UK precedent to give it a narrower interpretation than that given in Europe. The paper then examines the consistency of the provisions with the relevant international law before discussing some problems that may arise regarding market incentives and distributed systems. It proposes that the provision strikes an appropriate balance between protection and innovation in line with Parliament’s intent.


Copyright Date


Date of Award



Te Herenga Waka—Victoria University of Wellington

Rights License

Author Retains Copyright

Degree Grantor

Te Herenga Waka—Victoria University of Wellington

Degree Name

LL.B. (Honours)

ANZSRC Type Of Activity code

970118 Expanding Knowledge in Law and Legal Studies

Victoria University of Wellington Item Type

Research Paper or Project



Victoria University of Wellington School

School of Law