Feeds

Software developer asks Lords to hear patent appeal

Last chance saloon

New hybrid storage solutions

Neal Macrossan is seeking leave to appeal to the House of Lords after his application for a patent was rejected by the Court of Appeal.

Macrossan's invention is an automated system that compiles the necessary documents for incorporating a company in the UK. The appeal court judges ruled that this was both a business method and a computer program and was therefore excluded from patentability under Article 52 of the European Patent Convention.

Article 52 sets out the conditions under which an invention does not qualify for patent protection.

In their judgment, the Justices wrote: "We are firmly of the opinion that the patent is both for a method of doing business as such and for a computer program as such."

They went on to use the judgment to suggest three questions to the European Patent Office's Enlarged Board of Appeal that might form the basis of an effort to clarify the precise scope of Article 52.

Macrossan will be represented by patent lawyers at Marks & Clark. A spokesman for the firm said the company was unable to clarify the grounds for the appeal. "We are unable to comment on points of law in the case or anything that will constitute our argument part of the petition for leave to appeal," he told us.

However, the fact that the judges felt moved to send questions to the EPO seems to have prompted the appeal.

Dr John Collins, partner at Marks & Clerk, head of the legal team representing Macrossan, commented: "The Court of Appeal's referral to the Enlarged Board of Appeal is an illustration of the level of discomfort surrounding the divergence between the UK and European approach to inventions of this nature and the recognition of intellectual property."

Neal Macrossan added: "There is an issue of law here that affects not just me, but all sorts of interested parties. And unlike the Court of Appeal, the House of Lords is not bound by any previous decisions including its own." ®

Security for virtualized datacentres

More from The Register

next story
Not appy with your Chromebook? Well now it can run Android apps
Google offers beta of tricky OS-inside-OS tech
Greater dev access to iOS 8 will put us AT RISK from HACKERS
Knocking holes in Apple's walled garden could backfire, says securo-chap
NHS grows a NoSQL backbone and rips out its Oracle Spine
Open source? In the government? Ha ha! What, wait ...?
Google extends app refund window to two hours
You now have 120 minutes to finish that game instead of 15
Intel: Hey, enterprises, drop everything and DO HADOOP
Big Data analytics projected to run on more servers than any other app
New 'Cosmos' browser surfs the net by TXT alone
No data plan? No WiFi? No worries ... except sluggish download speed
prev story

Whitepapers

Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.
Top 5 reasons to deploy VMware with Tegile
Data demand and the rise of virtualization is challenging IT teams to deliver storage performance, scalability and capacity that can keep up, while maximizing efficiency.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.