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

Pleased to welcome ARIPO Director General @e58abf7a7b71453 to our office during his brief visit to London today! http://t.co/Yshgv3W5yd

Jul 30 2015 04:58 ·  reply ·  retweet ·  favourite
ManagingIP profile

New @uspto Commissioner for Patents is Drew Hirshfeld with immediate effect. Replaces Peggy Focarino http://t.co/yVh2nxvuWC

Jul 30 2015 03:03 ·  reply ·  retweet ·  favourite
ManagingIP profile

This could go on for ever ... https://t.co/rcsYQr7A3A

Jul 30 2015 02:58 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


July/August 2015

The 50 most influential people in IP

Our 13th annual list of the 50 most influential people in IP is the most diverse ever. But do you agree with our selections? Join the debate online and on Twitter using the hashtag #MIP50



Most read articles

Supplements