Up until March 2008, software patents were hardly allowed in the UK. The breakthrough was on the High Court of Justice Decision in the matter of SYMBIAN LTD V. Controller General of Patents, where a method of accessing DLL files was claimed.
Since this blog is not about philosophy but about bottom lines – here it is: UK law is being put in line with European law. Software claims will be allowed if they include a technical effect. Naturally, it will take examiners time to get the point, but they will eventually.
Here is the bottom line from the ruling:
“The question I must now consider is whether the decision prohibits the patenting of all computer programs and, in particular, those which under the old approach would have been considered to make a conventional computer operate in a new way so as to deliver a relevant technical contribution…UK-IPO has apparently concluded that it does and so has reverted to its previous practice of rejecting all computer program claims … I do not detect anything in the reasoning of the Court of Appeal which suggests that all computer programs are necessarily excluded,”
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The United Kingdom is a recommended jurisdiction for filing patents for a number of reasons.
One of the most important reasons is price.
Filing an application in the UK together with a search request is 130 GBP official fee. This is an extremely low fee, one of the lowest fees in the world.
Attorney fees can be extremely high but can also be reasonable. If they are reasonable, you got yourself a great deal.
The low UK price is even more important taking into account the very high price of a European patent filing. So, if your market is primarily the UK, a UK patent will most likely be a better deal than a European patent.
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Patent systems throughout the world are quite alike. The basic rules are the same, and the UK is not substantially different.
Much like in other countries, a UK patent must be new and contain an inventive step.
It should also be capable of being made or used in the industry.
The UK patent legislation specifically excludes the following from being eligable for a patent:
- a scientific or mathematical discovery, theory or method – (these are public domain).
- a literary, dramatic, musical or artistic work – (these are subject to copyright)
- a way of performing a mental act, playing a game or doing business (as a policy choice, these are public domain)
- the presentation of information, or some computer programs (that is not absolutely correct. The common law does allow some protection to computer programs
- an animal or plant variety (this are subject to a different law)
- a method of medical treatment or diagnosis (again, public policy excludes these and make them public domain).
- against public policy or morality.
Are you lucky enough to apply for a patent?
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