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Inventions involving computer programs can now be examined and patented in the UK under a landmark verdict that ends uncertainty for thousands of freelance software developers. In its ruling last week, the Court of Appeal overturned the UK Intellectual Property Office’s refusal to grant Symbian a patent for its ‘novel and inventive computer operating system.’ The European Patent Office, which uses the same framework as the UK IPO, granted the application but the UK office rejected it for being ‘nothing more than a computer program.’ Ominously for small software developers, the UK IPO said it would continue to follow the practice, contrary to a High Court ruling in March that it should be overturned. At the time, Mr Justice Pattern found fault with the divide between the UK IPO and the EPO about how inventions involving computer programs should be assessed. On Wednesday, three appeal court judges upheld the High Court decision and rejected a request by the UK IPO to take to the case to the House of Lords. They ruled that applications to patent software should now be examined by the UK IPO and the courts in the UK on the same basis as they are at the EPO, patent lawyers explained. “The clear and authoritative guidance from the Court of Appeal will end a difficult period of uncertainty and confusion for UK inventors,” said the Chartered Institute of Patent Attorneys. John Collins, of CIPA’s computer committee, said the decision is beneficial for small businesses as they can now pursue computer-related inventions in the UK rather than at the more expensive European level. Oct 13, 2008 Email this article Printer friendly page Previous Page
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