InternationalUSRemember you can easily switch between MIP US and MIP International at any time

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.”...


Please log in to read the rest of this article.

New to Managing Intellectual Property? Take advantage of one week’s FREE access and become a Managing IP member today. It’s free to join and the benefits start straight away.

Already registered?

Please make sure you log in to read the rest of the article.

Log in

Join us now

Gain 7 days FREE access when you register now.

Join here

profile

Managing IP

ManagingIP

ManagingIP profile

Daniel Alexander QC on vg form at @hsflegal seminar talking about Europeanisation of IP law (not entirely a gd thing) http://t.co/cSNjMLLT52

Jan 27 2015 04:33 ·  reply ·  retweet ·  favourite
ManagingIP profile

David Wilson had a neat flowchart showing #UPC opt-out at @HSFlegal seminar today http://t.co/S9qgMTwKIC http://t.co/SygpT7FYRK

Jan 27 2015 04:27 ·  reply ·  retweet ·  favourite
ManagingIP profile

RT @DrgnflyMktSci: Thanks @ManagingIP for the include in your Dec/Jan issue, Twitter trend section. Made my day!! Big smile from me to you!

Jan 27 2015 02:38 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


AIPLA Daily Report 2014

Read this year's AIPLA Daily Report - published daily by Managing IP direct from the AIPLA Annual Meeting in Washington DC


null null null

Most read articles

Supplements