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UK court offers hope to software patent applicants

Emma Barraclough, London


The UK Intellectual Property Office could be forced to revise a practice note it issued in November 2006 after the Patents Court last week ruled that it cannot automatically ban the patenting of all computer programs

In the judgment issued on Friday, in an appeal brought to the Patents Court by four companies against a decision of the UK IP Office, Mr Justice Kitchin said that the Office was wrong to reject all patent claims to computer program products.

“I have reached the conclusion that claims to computer programs are not necessarily excluded by Article 52 [of the European Patent Convention],” he wrote.

He continued: “In a case where claims to a method performed by running a suitably programmed computer or to a computer programmed to carry out the method are allowable then, in principle, a claim to the program itself should also be allowable. I say “in principle” because the claim must be drawn to reflect the features of the invention which would ensure the patentability of the method which the program is intended to carry out when it is run.”...


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Hot mic allowing audience to hear backstage conversation before @uspto's Michelle Lee's talk @CSIS on patent reform. Nothing juicy though!

Jul 6 2015 04:59 ·  reply ·  retweet ·  favourite
ManagingIP profile

Weekly blog roundup by @mdloney feat. @TheCIPA BOB, SCOTUS, Taylor Swift, S101 & Eli Lilly http://t.co/ogkQlc4Px1 http://t.co/tx3F7GnHz3

Jul 6 2015 11:42 ·  reply ·  retweet ·  favourite
ManagingIP profile

In summary: DON'T PANIC! https://t.co/HwaRrt6Mz1

Jul 6 2015 11:12 ·  reply ·  retweet ·  favourite
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