Computer Program Related Claims - Allowed in the UK?
Posted by: Meirav Shalem in United Kingdom, claims on Feb 11, 2008
In a RelatIP recent post I have reported the new approach of the UK intellectual property office (UK-IPO) regarding computer programing related claims [Last Post] stating that the UK-IPO tends towards allowing these claims drafting in UK applications.
In a recent judgment in Astron Clinica and other's Applications [2008] ("Astron Clinica") [UK-IPO], the court has decided that claims to a method performed by running a suitably programmed computer or to a computer programmed to carry out the method are allowable, in principle. However, the court made it clear that the claim to the computer program must be drawn to reflect the features of the invention, which would ensure the patentability of the method, which the program is intended to carry out when it is run. "Where, but only where, these conditions are met, examiners will no longer object to claims to a computer program or a program on a carrier".
This last lines will echo through future prosecution and litigation procedures in trying to interpret what they mean and whether the UK-IPO has reversed its allowing of computer programming related claims or simply restricted the use of them.
I am interested to here your thoughts and analysis regarding those strange statements and announcements outputted by the UK-IPO!



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