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23-Jan-2020 08:55

The impact of this to a proprietor was that only decisions for indirect infringement by the copying of the code on a computer disk could be achieved via litigation.Aerotel/Macrossan remains the key case with regards to UK practice as it set forward a four step test for the patentability of computer related inventions, but the four stage test was directed to deciding the patentability of apparatus and method claims only.They are therefore excluded from patentability on statutory grounds.This list includes: � discoveries, scientific theories and mathematical methods � aesthetic creations � schemes, rules and methods for performing a mental acts, playing games or doing business, and programs for computers � presentation of information..

However, many fall on the boundary of patentability and, especially in the modern era, are often implemented with computers.Shortly after this article was first published the outcome of a recent Court of Appeal decision in the combined case of Astron Clinica & Others has meant a re-assessment of the current state of play by the UK Intellectual Property Office with regards to their refusal of claims to a computer program or a program on a carrier (such as a CD-ROM or flash memory stick), when the program itself was patentable.Previously this has meant that in practice in cases where apparatus or methods claims were found to be patentable, claims to a program on a carrier were still being refused by the UKIPO.Nevertheless, it has always been considered, at least in Europe, that patent protection should be reserved for creations that are �technical�, and, as mentioned above, this has now been explicitly inserted into the EPC.



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