Contrary to morality | Raising objections under section 17(1) (Superseded)

Note | This practice note has been superceded. A current version can be found here.

IPONZ has reviewed its practice with regard to raising objections under s17(1) of the Patents Act 1953.

Following this review IPONZ will continue to raise objections under s17(1) where it appears that the use of the invention would be contrary to morality for New Zealand society as a whole or for a significant section of the community, including Maori. In doing so, IPONZ considers that it may for any given application under consideration take the following into account: the concerns of interest groups, evidence including appropriate public polls and research, corresponding foreign legislation, caselaw and guidelines.

Additionally, IPONZ also considers that it is appropriate to consider the content of the proposed Patents Bill and corresponding documentation produced by various Government officials in review of the Patents Bill. IPONZ may also consider consultation with non-Government parties appropriate so as to arrive at a suitably informed decision in any given case.

As a general guide, claims to the following subject matter are likely to attract an objection under s17(1): human beings, processes which give rise to human beings and biological processes for their production; methods of cloning human beings; totipotent human stem cells; human embryos and processes requiring their use; placental and umbilical cord tissues and processes requiring the use of placental and umbilical cord tissues; transformed host cells within a human and other cells and tissues within a human.