Feeds

High Court approves software patents

Opens up playing field/can of worms

The Power of One eBook: Top reasons to choose HP BladeSystem

Technology firms will be able to patent software programs following a High Court decision on Friday that could see the UK having closer ties with Europe when it comes to the handling of computer-related inventions.

The Honourable Mr Justice Kitchin ruled in a case brought by five small UK businesses that the Intellectual Property Office (IPO) was wrongly applying the law by automatically discarding claims for computer programs.

Astron Clinica Limited and others appealed in May last year against the IPO in the hope of securing patents, and therefore a "monopoly", on technologies which included bit masks used with laser printers to improve image quality and semi-conductor chip design.

All of the products noted in the ruling were distributed on computer discs or made available by download over the web.

Kitchin rejected the IPO's position which said in November 2006, following a landmark case brought by Aussie inventor Neal Macrossan, that computer program inventions were usually not patentable.

If it can be shown that programs running on a computer bring about a further technical effect, then the firms responsible for that technology should have their patent claims considered, said Kitchin.

Up to now, small tech businesses based in the UK that wanted to patent computer-related inventions have looked to the European Patent Office (EPO) for intellectual property protection.

The decision could open up the playing field for small UK businesses looking for a leg-up in the software industry where the likes of Microsoft, Oracle and IBM hold a considerable monopoly.

Explaining the rationale behind his judgement (pdf courtesy of IPKat.com), Kitchin said that previously British tech firms could only protect their inventions by invoking the contributory infringement provisions of section 60(2) of the 1977 Patents Act.

"What is worse, those provisions give no protection against the production and sale of programs in the United Kingdom if they are intended for use abroad," he added.

Deputy IPO director Andy Bartlett told The Register that the office was "in the process of considering an appeal" against the latest ruling. ®

Reducing security risks from open source software

More from The Register

next story
NO MORE ALL CAPS and other pleasures of Visual Studio 14
Unpicking a packed preview that breaks down ASP.NET
Apple fanbois SCREAM as update BRICKS their Macbook Airs
Ragegasm spills over as firmware upgrade kills machines
Cheer up, Nokia fans. It can start making mobes again in 18 months
The real winner of the Nokia sale is *drumroll* ... Nokia
Mozilla fixes CRITICAL security holes in Firefox, urges v31 upgrade
Misc memory hazards 'could be exploited' - and guess what, one's a Javascript vuln
Put down that Oracle database patch: It could cost $23,000 per CPU
On-by-default INMEMORY tech a boon for developers ... as long as they can afford it
Google shows off new Chrome OS look
Athena springs full-grown from Chromium project's head
Apple: We'll unleash OS X Yosemite beta on the MASSES on 24 July
Starting today, regular fanbois will be guinea pigs, it tells Reg
prev story

Whitepapers

Top three mobile application threats
Prevent sensitive data leakage over insecure channels or stolen mobile devices.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.