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New Zealand - Patentability of Computer Software Related Inventions

In a reversal of previous policy, in a case relating to use of computer software in respect of air traffic control, the New Zealand Commissioner of Patents has now held that as long as an invention involving use of a computer program results in "a commercially useful effect", it is likely that the invention will be patentable. Under this test, claims to mathematical algorithms as such remain unpatentable because a commercially useful effect will only result when the algorithm is implemented in a particular way.


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