Court of Appeal reviews approach to patentability of software and business methods | Practical Law

Court of Appeal reviews approach to patentability of software and business methods | Practical Law

In reviewing two Patents Court decisions, one involving an application for an online method of preparing company incorporation documents and the other relating to a method of prepaying telephone calls, the Court of Appeal has maintained the current UK approach to patentability of software and business methods. The appeals court pointed out inconsistencies in the European Patent Office (EPO) case law, and urged the EPO President to refer questions on this issue to the EPO Enlarged Board of Appeal. The judgment also contains an appendix with a useful survey of both UK and EPO cases. Cases: Aerotel Ltd v Telco Holdings Ltd and others; In re Macrossan's Application, 27 October 2006.

Court of Appeal reviews approach to patentability of software and business methods

Practical Law UK Legal Update 2-205-5787 (Approx. 8 pages)

Court of Appeal reviews approach to patentability of software and business methods

by PLC IP&IT
Law stated as at 27 Oct 2006United Kingdom
In reviewing two Patents Court decisions, one involving an application for an online method of preparing company incorporation documents and the other relating to a method of prepaying telephone calls, the Court of Appeal has maintained the current UK approach to patentability of software and business methods. The appeals court pointed out inconsistencies in the European Patent Office (EPO) case law, and urged the EPO President to refer questions on this issue to the EPO Enlarged Board of Appeal. The judgment also contains an appendix with a useful survey of both UK and EPO cases. Cases: Aerotel Ltd v Telco Holdings Ltd and others; In re Macrossan's Application, 27 October 2006.
NOTE: On 5 February 2007, the House of Lords refused Mr Macrossan's request for leave to appeal against the Court of Appeal's decision (see Legal update, House of Lords refuses to hear Macrossan appeal). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.)