There is no reason in principle to exclude claims to computer programs from patentability under Art.52 where the claims to a method performed by running a suitably programmed computer or to a computer program to carry out the method are allowable. The question in each case is whether the technical effect produced by the invention … Continue reading Astron Clinica Ltd and others v The Comptroller General of Patents, Designs and Trade Marks: PatC 25 Jan 2008
The inventor company appealed against rejection of its application for a patent for a computer program. Held: The appeal failed: ‘on the facts found by the Hearing Officer, the invention is no more than the computerisation of a process which could already be done without a computer. It has no relevant technical effect. Accordingly, the … Continue reading Lantana Ltd v The Comptroller General of Patents, Design and Trade Marks: CA 13 Nov 2014
Virgin Atlantic Airways Ltd sought to recover damages exceeding 49,000,000 pounds for the infringement of a European Patent which did not exist in the form said to have been infringed. The Technical Board of Appeal of the European Patent Office had retrospectively amended it so as to remove with effect from the date of grant … Continue reading Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd: SC 3 Jul 2013
(Grand Chamber) The court had to decide whether tax proceedings brought by the state against an individual involved the determination of a civil right within the meaning of article 6(1). It was argued by the Government that the existence of an individual’s tax obligation to pay tax belonged exclusively to the realm of public law … Continue reading Ferrazzini v Italy: ECHR 12 Jul 2001
The claimants sought to amend their claim which had previously been on the basis of a joint ownership, to one of sole ownership. Held: The application for the amendment being made more han two years after the grant, the amendment could not be allowed. s.37(5) bars the making of a new claim out of time. … Continue reading Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and others: CA 31 Jul 2006
The applicants were detained at Rampton. The form of detention denied the access to space in which they would be able to smoke cigarettes to comply with the law. Held: The claim failed. The legislative objectives were sufficiently serious to support as rational the imposition of the rules. Having a mental illness is not a … Continue reading G, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust: Admn 20 May 2008
A patent which was applied for as a result of a breach of confidence may be capable of giving the victim of the breach the benefit of an interest in the patent. In the UK at least the basis of an entitlement claim must be a breach of the claimant’s right to the invention and … Continue reading Markem Corporation and Another v Zipher Ltd: CA 22 Mar 2005
The parties discussed the costs order to be made after a challenge to a patent succeeded on some grounds but not on others. Judges: Kitchin J Citations: [2008] EWHC 2511 (Pat) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Eli Lilly and Company v Human Genome Sciences Inc PatC 31-Jul-2008 The claimant sought … Continue reading Eli Lilly and Company v Human Genome Sciences, Inc: PatC 17 Oct 2008
The claimant sought the revocation of the defendant’s European patent in respect of a nucleotide and amino acid sequence of a novel member of the TNF ligand superfamily which it called Neutrokine-a. Held: The patent was invalid for lack of industrial applicability, insufficiency and obviousness. In particular, in the light of the common general knowledge, … Continue reading Eli Lilly and Company v Human Genome Sciences Inc: PatC 31 Jul 2008
The claimant, during his career had written private diaries, including minutes of secret political meetings. As he stepped down from leadership, he began to arrange publication. Before this was complete, the defendant published extracts. He complained of breach of copyright. Held: The claim succeeded. The VC granted a final injunction against any further infringement and … Continue reading Ashdown v Telegraph Group Ltd: ChD 11 Jan 2001
The validity of a patent was challenged at the same time in both UK and European courts. Mummery LJ discussed the inherent consequences of a race between the jurisdictions: ‘the possibility of the duplication of proceedings contesting the validity of a patent granted by the EPO is inherent in the system established by the Convention. … Continue reading Glaxo Group Ltd v Genentech Inc and Another: CA 31 Jan 2008
Proceedings had been brought by a third party in which the patent had been revoked. The Defendant in the first proceedings now sought release from an enquiry as to damages after being found, before the revocation, to have infringed the patent. Held: (Lord Justice Neuberger dissenting) The defendant was bound by the order for an … Continue reading Coflexip S A and Another v Stolt Offshore Ms Ltd and others: CA 27 Feb 2004
The appellant had applied for leave to appeal to a single judge, who had refused the application. He appealed and was granted leave by two judges. He then objected when the single judge who had refused leave was included in the panel of judges to hear the substantive appeal. Held: There was no reason to … Continue reading Sengupta v Holmes and Others, Lord Chancellor intervening: CA 31 Jul 2002
The court considered a reference to the European Court on assumed facts where the domestic court had not yet established those facts. Europa In the present state of Community law, characterized by the absence of harmonization of the patents legislation of the Member States, and in the absence of international conventions in force providing to … Continue reading Thetford Corporation And Others v Fiamma Spa And Others: ECJ 30 Jun 1988
Where a party to an action asserted that the patent holder had abused his monopoly position, the courts in England had discretion to refuse the patent holder leave to apply to amend his patent. When dealing with such issues, the court was entitled to take into account a wider range of issues than that contemplated … Continue reading Kimberley-Clark Worldwide Inc v Proctor and Gamble Ltd and Another: CA 1 Dec 1999
There is no rebuttable presumption that words used in a patent specification had been used in a technical sense, but instead the interpretation of the words was to be found in the case of ambiguity from the context in which they were used. Citations: Times 27-Jul-1998 Statutes: Convention on the Grant of European Patents Protocol … Continue reading Hoechst Celanese Corporation v Bp Chemicals Ltd and Another: CA 27 Jul 1998
The court considered: ‘the application of the test of obviousness under section 3 of the Patents Act 1977 to a dosage patent. In summary, a patent, whose validity is not challenged, identified a compound as an efficacious treatment but did not identify an optimal dosage regime. A pharmaceutical company, which had acquired the patent, conducted … Continue reading Actavis Group PTC EHF and Others v ICOS Corporation and Another: SC 27 Mar 2019
The applicant was a solicitor employed by a company in Belgium. He later resigned claiming unfair dismissal, saying he had been pressed to become involved in unlawful activities. The defendants sought to challenge the jurisdiction of the English Tribunal system. The defendants had begun procedures in Spain for conciliation. The claimant had obtained an injunction … Continue reading Turner v Grovit and others: HL 13 Dec 2001
Patent properly granted The House considered the patentability of a chemical product, citalopram made up of two enantiomers, as opposed to the process of its creation, questioning whether it could be new or was insufficient within the 1977 Act. Held: The appeal against the patent was dismissed. The separated form, the (+) entantiomer had not … Continue reading Generics (UK) Ltd and others v H Lundbeck A/S: HL 25 Feb 2009
The applicant had devised a new and better algorithm for finding square roots. Having embodied the method in a read only chip which could be installed within a computer which could then apply the algorithm, he sought to patent it. Held: Allowing the appeal and finding that it was not patentable the court found the … Continue reading Gale’s Application: CA 1991
Synthon filed an international application for a patent. Before it was published, SB filed a similar application in the UK patents registry. Synthon had applied for the UK patent granted to SB to be revoked. Jacob J had found that the reader of the application, seeking to crystallise PMS, would be able to overcome any … Continue reading Synthon Bv v Smithkline Beecham Plc: HL 20 Oct 2005
The court considered an appeal against the declaration of invalidity of a biomedical patent for a new human protein on the grounds that it was not susceptible of industrial application. Held: The patentee’s appeal succeeded. The court had to apply the jurisprudence of the European Board. The Board’s approach applied principles under which the disclosure … Continue reading Human Genome Sciences Inc v Eli Lilly and Company: SC 2 Nov 2011
The claimants had a patent specifying a means of gambling over computers connected at a distance. They brought infringement proceedings against the respondent, who defended by asserting that since the host computer was located abroad it did not infringe, claiming in aid the provisions which referred to the making of a supply within the UK. … Continue reading Menashe Business Mercantile Ltd and Another v William Hill Organization Ltd: PatC 15 Mar 2002
The claimants operated amusement parks. The defendant, believing that the parks were not being opearated as safely as they should be set up web-sites attacking the claimants and some employees in intemperate terms. The claimants sought interim relief to prevent the defendant from publishing the web-sites until the case was settled. The defendant argued that … Continue reading Merlin Entertainments LPC and Others v Cave: QBD 25 Sep 2014
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
The claimant sought a patent claiming a method for the digital processing of images and an associated apparatus (which might be a computer) for implementing the method. Held: The claims were not to a computer program as such: ‘Generally speaking, an invention which would be patentable in accordance with conventional patentability criteria should not be … Continue reading Vicom/Computer-related invention: EPOBA 1987
The claims arose in connection with the validity and alleged infringement of a European Patent on erythropoietin (‘EPO’). Held: ‘Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance was addressed would have understood the author to be using the words to mean. Notice, however, that … Continue reading Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc: HL 21 Oct 2004
kristiansen_norwayECHR2013 ECHR Article 6-1Access to courtCivil rights and obligationsLengthy delays in examination of patent application rendering right of appeal to a court meaningless: violationFacts – The applicants jointly owned a patent application that was lodged with the Norwegian Industrial Property Office (NIPO) in 1990. The application was ultimately refused by the NIPO in a decision … Continue reading Kristiansen And Tyvik As v Norway: ECHR 2 May 2013
In each case it was said that the requested patent concerned an invention consisting of a computer program, and was not therefore an invention and was unpatentable. In one case a patent had been revoked on being challenged, and in the other, the appeal was against refusal. Held: Jacob LJ said: ‘the court must approach … Continue reading Aerotel Ltd v Telco Holdings Ltd and others, In re Patent Application GB 0314464.9 in the name of Neal Macrossan Rev 1: CA 27 Oct 2006
This is a continuation of the list of significant recent cases on our front page. As a most recent case pushes its way to the top, the last on teh front page falls into here. Newest significant cases.
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