Feeds

Software developer asks Lords to hear patent appeal

Last chance saloon

3 Big data security analytics techniques

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." ®

SANS - Survey on application security programs

More from The Register

next story
OpenBSD founder wants to bin buggy OpenSSL library, launches fork
One Heartbleed vuln was too many for Theo de Raadt
Got Windows 8.1 Update yet? Get ready for YET ANOTHER ONE – rumor
Leaker claims big release due this fall as Microsoft herds us into the CLOUD
This time it's 'Personal': new Office 365 sub covers just two devices
Redmond also brings Office into Google's back yard
Ubuntu 14.04 LTS: Great changes, but sssh don't mention the...
Why HELLO Amazon! You weren't here last time
Patch iOS, OS X now: PDFs, JPEGs, URLs, web pages can pwn your kit
Plus: iThings and desktops at risk of NEW SSL attack flaw
Next Windows obsolescence panic is 450 days from … NOW!
The clock is ticking louder for Windows Server 2003 R2 users
Batten down the hatches, Ubuntu 14.04 LTS due in TWO DAYS
Admins dab straining server brows in advance of Trusty Tahr's long-term support landing
Red Hat to ship RHEL 7 release candidate with a taste of container tech
Grab 'near-final' version of next Enterprise Linux next week
Apple inaugurates free OS X beta program for world+dog
Prerelease software now open to anyone, not just developers – as long as you keep quiet
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mainstay ROI - Does application security pay?
In this whitepaper learn how you and your enterprise might benefit from better software security.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.