May 12, 2006
By Alex Forman
In recent cases, the UK courts seem to have adopted an approach to patentability of computer programs and business methods that is similar to the approach of the European Patent Office. The adopted test of patentability for these types of inventions does not merely focus on whether the subject invention involves excluded subject matter but rather, focuses on determining if the claimed invention contributes anything to the art outside of the excluded subject matter. For the time being, this seems to put to rest any concern regarding a broad UK policy of simply excluding all inventions involving computer programs or business methods from patentability. As noted in one of the linked articles, the UK's approach is still liable to change.
Withers & Rogers Article: LINK
IP::JUR Article: LINK
Alex Forman is an attorney with Ice Miller focusing his efforts on patent prosecution and licensing of intellectual property.
In recent cases, the UK courts seem to have adopted an approach to patentability of computer programs and business methods that is similar to the approach of the European Patent Office. The adopted test of patentability for these types of inventions does not merely focus on whether the subject invention involves excluded subject matter but rather, focuses on determining if the claimed invention contributes anything to the art outside of the excluded subject matter. For the time being, this seems to put to rest any concern regarding a broad UK policy of simply excluding all inventions involving computer programs or business methods from patentability. As noted in one of the linked articles, the UK's approach is still liable to change.
Withers & Rogers Article: LINK
IP::JUR Article: LINK
Alex Forman is an attorney with Ice Miller focusing his efforts on patent prosecution and licensing of intellectual property.
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