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by lifeisstillgood 4679 days ago
Very roughly - if the innovation to be patented (ie the software) is used to improve the operation of the hardware then it is patentable. So buffering code in a HDD chip is presumably patentable (-ed). However if its a new way to display email - probably not. Not a clear win, and apparently similar to UK case law.

(Cribbing off FOSSPatents links)

1 comments

Yes, European-style "as such" exclusion, a bit clarified but still the same basic idea. Lexology writes this about today's decision: http://www.lexology.com/library/detail.aspx?g=b966049f-14d9-...

"The computer program exclusion is the subject of two governmental supplementary order papers (SOPs). Government SOP 120 introduces a European-style 'as such' exclusion that is considered to be more consistent with New Zealand's international obligations and precedents. More recent SOP 237 introduces several additional new clauses intended to clarify the meaning of the term 'as such'."