IPO: Nokia Corporation: Whether patent application number GB0424655.9 complies with section 1(2)
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Started by: zoobabzoobab
Date: 05 Jun 2009 14:51
Number of posts: 1
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Summary:
I feel I should also say something about the mental act objection that had been raised by the examiner prior to the hearing. The preamble to claim 1 reads "a method of software application development" which could, on a cursory read, be taken to be a method of writing a program which in many instances could constitute a method of performing a mental act. At the hearing I accepted that the invention was more than just a mental act on the basis of the case law on that point existing at that time, notably Aerotel/Macrossan where the court of Appeal expressed the admittedly obiter view that the mental act exclusion did not extend to acts done using computers. However when discussing Fujitsu7 in Symbian, the court expressed the similarly obiter view that the mental act exclusion might indeed extend to acts done on a computer. Thus I think it is fair to say that there remains some uncertainty on this point.
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