Software Patents in Auckland

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drbojangles

12 posts

Geek

#80976 6-Apr-2011 23:37

I am not sure if this is the correct sub forum but I am looking at getting a piece of software patented but I don't know a lot about how it all works so was wanting to talk to a professional patent lawyer. The piece of software is quite technical so I guess that I wouldn't be able to talk to any old patent lawyer because he might not fully understand it and may give me bad advice. Can anybody recommend a professional that I could talk to in the Auckland region? Also has anybody here ever patented anything? Any tips etc?

Ragnor

8035 posts

Uber Geek

Trusted

#456191 7-Apr-2011 01:03

In NZ:

Section 15(3A) "a computer program is not a patentable invention"

See
http://www.techdirt.com/articles/20100714/23550310221.shtml
http://computerworld.co.nz/news.nsf/news/software-patents-bill-clause-will-not-be-altered
http://computerworld.co.nz/news.nsf/news/thumbs-down-for-software-patents-in-nz

If you want to read more about why software patents are retarded, plenty of reading here:
http://www.techdirt.com/search.php?q=software+patents

FYI:
Software can still be protected by copyright and by the terms of its licence.

drbojangles

12 posts

Geek

#456226 7-Apr-2011 08:49

Ok this is really why I need to speak to a professional, I don't know if Patent is the right thing but basically I have an idea that is new for a program, I have written the prototype and I want to release it on the internet. My problem is that if a big company like Symantec etc likes it they could just rip it off with 100 programmers working on it full time and huge marketing funds. What kind of options do I have to protect my idea?

gzt

11677 posts

Uber Geek

Lifetime subscriber

#456268 7-Apr-2011 10:20

The largest software market happens to be the USA, and they are big on software patents. Getting a US patent is an option.

There are internet based low cost legal services which will file a US patent for you very cheaply, but really to give your patent the best chance of standing up in court you need to have a patent attorney write up the text, unless you are prepared to put in some study.

The patent itself does not magically stop 'infringement' - if that happens, and the 'infringer' refuses to desist or pay you a licence fee, you need to go to court to assert your claim.

Google(NZ) for 'intellectual property software' law for info and professionals working in NZ.