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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

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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