The New Zealand Court of Appeal in the case of Pfizer
Inc v Commissioner of Patents (CA22/03) has decided that
methods of medical treatment are not patentable under current
New Zealand patent law. The Court judgements rejected the
patenting of medical methods on the ground that it is generally
inconvenient to protect them with letters patent or grants
of privilege, and that any reform of this area of law is best
undertaken through the parliamentary process.
This decision is contrary to the situation in Australia -
which has the same legislative test for patentable subject
matter - where the Australian Full Federal Court in the 1998
Squibb v. F H Faulding case decided that medical methods
may be patented.
HALFORD & CO.