Mondaq: United Kingdom: The IP Year 2007 In Review: Focus On The UK
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Started by: zoobabzoobab
Date: 07 Jan 2008 19:12
Number of posts: 1
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Summary:
The Court Of Appeal has clarified the law on the exclusion of computer programs from patent protection in Aerotel Ltd v Telco Holdings Ltd & Ors and Macrossan’s Patent Application.2 The Court of Appeal endorsed a new structured approach for assessing the presence of a technical contribution put forward by the Comptroller of the U.K. Intellectual Property Office ("UKIPO") and which should help to address an earlier criticism that the previous test was too vague. The approach is to (a) properly construe the claim; (b) identify the actual contribution; (c) ask whether it falls solely within the excluded subject matter; and (d) check whether the actual or alleged contribution is actually technical in nature. The Patent Office has now adopted this test but considers that in the great majority of cases it will make no difference to its decision on patentability.
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