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21 February 2008
Issue: 7309 / Categories: Legal News , Data protection , Other practice areas , Commercial
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Change of approach for computer program patents

Patents

Some computer programs can be patented, the High Court has ruled. The decision in Astron Clinica Ltd and others v Comptroller General of Patents, Designs and Trade Marks has prompted the UK Intellectual Property Office (UK-IPO) to change its approach to patents for computer programs.

I t says it will not appeal against Mr Justice Kitchin’s ruling that patents should be allowed to protect a computer program if the program implements a patentable invention.

The law on patentable subject matter in the field of computer-implemented inventions was substantially reinterpreted by the Court of Appeal in 2006, in Aerotel Ltd v Telco Holdings Ltd and others; Re Macrossan’s Application. Followingthat judgment, UK-IPO concluded that claims to computer programs or to programs on a carrier were not allowable.

However, in Astron, a group of patent applicants successfully argued that if their computer-implemented methods and apparatus were patentable, they should also be able to protect the underlying computer programs themselves. Kitchin J said: “I do not detect anything in the reasoning of the Court of Appeal which suggests that all computer programs are necessarily excluded.”

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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