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[News] Changes in EPO Can Rectify UK-IPO

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The UK-IPO's latest thoughts on software patents

,----[ Quote ]
| The IPKat thinks the UK-IPO's view that the Enlarged Board will be able to 
| settle the matter soon is hopelessly optimistic. For one thing, the Enlarged 
| Board is not known for being quick at producing definitive decisions. Also, 
| as has already been pointed out (see here), it seems very likely that the 
| Enlarged Board will have to reject the referral, because it simply does not 
| comply with the requirements of the EPC, which only allows such referrals in 
| limited cases. This would not, however, be such a bad thing, provided the 
| UK-IPO properly takes on board the guidance offered in Symbian and uses the 
| word 'technical' often enough (even though nobody knows what it actually 
| means).           


Patentability of computer programs, recent Court of Appeal judgment and
questions raised by the President of the European Patent Office

,----[ Quote ]
| 4. In the light of this development, the UK-IPO will not seek to appeal the 
| Symbian judgment further. The UK-IPO agrees with the Court of Appeal in that 
| it would now be premature to seek a view from the House of Lords when 
| European practice is likely to be settled shortly by a decision of the EPO’s 
| Enlarged Board of Appeal. The UK-IPO will have an opportunity to submit 
| observations to the Enlarged Board of Appeal on the questions put to it. In 
| order to inform any such observations the UK-IPO will undertake a study to 
| determine the economic impact of patenting computer programs.       



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