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Europanean patent announcement important for software patentability
Added: (Sat Oct 25 2008)
Chartered Institute of Patent Attorneys
Media alert:
EXPERT ON SOFTWARE PATENTABILITY
CIPA specialist available to explain implications of European Patent Office announcement on computer program patentability
25 October 2008
The European Patent Office announced yesterday (Friday 24 November) that its President, Ms Alison Brimelow, has referred a number of questions regarding the patentability of programs for computers to the EPO’s Enlarged Board of Appeal (EBoA).
The EPO’s announcement has important implications for UK inventors and businesses hoping to gain approval for their applications to patent software-related inventions.
For an explanation of how the EPO announcement affects businesses, contact Dr John Collins, a computer technology specialist and spokesman for the Chartered Institute of Patent Attorneys:
Dr John Collins Mobile: 07917 186208
Telephone, weekday office hours: 020 7420 0047
email (Blackberry): JCollins@marks-clerk.com
or
Peter Prowse Mobile: 07973 213039
Telephone, weekday office hours: 01372 271234
email: peter.prowse@waylines.co.uk
EPO announcement:
www.epo.org/topics/news/2008/20081024.html
Background
The EPO announcement follows a recent English Court of Appeal decision (announced Wednesday 8 October, 2008). The decision concerned the long-running Symbian case, and was seen as clarifying the scope of what type of software-related inventions were patentable in the UK. In announcing their decision, Lord Justice Jacob, Lord Justice Maurice Kay and Lord Neuberger of Abbotsbury were upholding an earlier High Court decision overturning the UK Intellectual Property Office’s (IPO’s) refusal to grant Symbian a patent for its ‘novel and inventive computer operating system’.
According to the Chartered Institute of Patent Attorneys (CIPA), that decision meant that applications to patent software would be examined by the UK-IPO and the courts in the UK on the same basis as they were at the European Patent Office (EPO). “The clear and authoritative guidance from the Court of Appeal will end a difficult period of uncertainty and confusion for UK inventors,” said Dr John Collins, at the time of the Court of Appeal’s announcement, adding, “The decision is particularly beneficial for SMEs, who can now pursue computer-related inventions at the UK-IPO rather than at the more expensive EPO.”
The Court of Appeal refused permission to take the case to the House of Lords.
Friday’s EPO announcement has reintroduced uncertainty for applications to patent software-related inventions and is likely to add to the delays applicants experience after they have submitted patent applications to the EPO.
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Issued by:
The Chartered Institute of Patent Attorneys
95 Chancery Lane
London
WC2A 1DT
tel: 020 7405 9450
www.cipa.org.uk
Peter Prowse
PR Consultant
CIPA
3rd Floor, 95 Chancery Lane
London, WC2A 1DT
Tel: +44 (0)20 7405 9450 or +44(0)1372 271234
Mob: + 44 (0)7973 213039
Member of the IP Awareness Network
www.ipaware.net