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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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