In New Zealand the definition of what is patentable is that it must be a "manner of new manufacture". The New Zealand Court of Appeal has held that methods of treatment of the human body for therapeutic purposes do not fall within this definition.

By a practice direction issued in January 1997, the New Zealand Patent Office has indicated that, notwithstanding this decision, it will henceforth accept so called "Swiss style" second medical use claims of the type accepted by the European Patent Office, that is to say claims in the form of "use of compound X for preparation of a medicament for treatment of disease Y" wherein the sole novelty lies in the disease Y being treated.

Editor's Note: See our subsequent reports in our December 1997 Newsletter, in our August 1999 Newsletter and in our June 2000 Newsletter.