!020394 Software patent protection in New Zealand New Zealand software patent protection --- or the lack of it --- is due to be put to the test by an American aircraft manufacturer next month. The hearing before the assistant commissioner of patents will be the first time since 1986 that the New Zealand Patent Office has heard a case for patent rights over a software product. In that case, the patents office made a distinction between ``pure software'' and software used to control a piece of equipment in manufacturing or a telecommunications system. The cast next month, being brought by Los Angeles-based Hughes Aircraft Corporation, will test whether there has been any change in the office's view that patent protection should not be given to ``pure software'' the essentially just brings up information on a screen or printer, according to Andrew Christie, a patenet attorney from A J Park & Son acting for Hughes Aircraft. Hughes Aircraft is seeking patent rights on its pure software product, an aircraft monitoring system, before it considers selling it in New Zealand to airport control authorities. Mr Christie says Hughes has indicated it will go to the High Court if it gets no satisfaction from the patent office. The case follows a ``landmark'' decision in July whereby British company Clark Shoes was granted a patent for software that allowed a shoe designer to manipulate a design through a range of sizes. Though the decision was brought down in July the original case was heard 13 years ago. The reason given for the dealy was the complexity of circumstances and analysis involving software patenting. The Hughes Aircraft patent is the first of several applications for software patents pending and according to Mr Christie, this will be the first time a patent application has been heard in light of changes to patent laws around the world. He says both Australia and the Untied [sic] States have made significant changes to patent laws applying to pure software and this may give New Zealand patent rulings ``a different perspective''. The patent application for Hughes Aircraft Corporation will be heard on Feburary 8 by acting commissioner of patents Bruce Popplewell. He was not available for comment on the upcoming case. [from the InfoTech Weekly, an infomercial supplement in the Dominion, 24/1/94] Greg Aharonian Internet Patent News Service