The applicant sought patents for systems of document management. The applications had been rejected as being for computer programs as such. Held: The exclusion from protection created by the section was to be construed narrowly. In the absence of non-mental limitations, the product should not be excluded. Judges: Floyd J Citations:  EWHC 649 (Pat), … Continue reading Kapur v Comptroller General of Patents, Designs and Trade Marks: PatC 10 Apr 2008
The company appealed against the rejection of its claim for a patent. Held: Lewison J said: ‘The manipulation of data stored on a computer (whether on the computer in use or on a remote computer) is unlikely to give rise to a contribution that exists independently of whether it is implemented by a computer’ Judges: … Continue reading Autonomy Corporation Ltd v The Comptroller General of Patents, Trade Marks and Designs: PatC 6 Feb 2008
Appeal from refusal of patent under section 1(2)(c) Judges: Mann J Citations:  EWHC 705 (Pat) Links: Bailii Statutes: Patents Act 1977 97 Jurisdiction: England and Wales Intellectual Property Updated: 01 February 2022; Ref: scu.380358
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
No Pattern Established to Patent Computer Systems The Comptroller appealed against the decision in Chancery to grant a patent to the clamant for an invention which the comptroller said should have been excluded from protection under section 1(2) as a computer program. It was argued that the UK was taking a different approach to the … Continue reading Symbian Ltd v Comptroller General of Patents: CA 8 Oct 2008
Appeal from refusal of patent as a method for doing business and a program for a computer, as such. . .
Appeal from exclusion of patentability . .
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. . .
Appeal against refusal of patent – invention related to a scheme, rule, or method, for doing business and/or a mathematical method – financial derivatives. . .
Patent validity – not an invention. Judges: The Hon Mr Justice Laddie Citations:  EWHC 482 (Pat) Statutes: Patents Act 1977 1(2)(d) Jurisdiction: England and Wales Intellectual Property Updated: 27 June 2022; Ref: scu.194465
A patent claim for an important protein called Tissue Plasminogen Activator was objected to on the basis of the obviousness of the gene sequence. Held: The court considered the categories of exclusion in the context of what was said to be a discovery – namely the gene sequence which caused TPA to be expressed. A … Continue reading Genentech’s (Human Growth Hormone) Patent: CA 1989
The applicant sought to patent an expert system embodied in a computer program for storing information in a way which allowed particular access. Held: ‘Before turning to the claims, I must deal with a submission of Mr Burkill, who appeared for the applicant. He submitted that the words ‘a scheme, rule or method for performing … Continue reading Wang Laboratories Inc’s Application: ChD 1990
The court rejected an application for a patent for, inter alia, a ‘data processing system for making a trading market in at least one security in which the system proprietor is acting as principal’. Held: Falconer J said: ‘In my judgment, where an invention for which a patent is sought involves any of the matters … Continue reading Merrill Lynch’s Application: ChD 1988
A claim was made for a method of design in which certain calculations were to be carried out recursively, modifying the results each time until a particular criterion was satisfied. Though the method was susceptible of solution by computer, but the claim was not limited in this way. Nor was the claim limited to the … Continue reading Halliburton Energy Services, Inc v Smith International (North Sea) Ltd and others: PatC 21 Jul 2005
The applicant appealed rejection of its application for a patent for a method and apparatus for modelling synthetic crystalline structures. The apparatus would involve (indeed consist of) a computer programmed for the task. Held: A pure software application or method did not become registrable merely because it took control of a computer screen; it was … Continue reading In Re A Patent Application No 9204959 2 by Fujitsu Ltd; Merrill Lynch, Gale, and Fujitsu Limited’s Application: ChD 18 Jun 1996
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
IPO The invention related to linking a software application that is pre-installed on a client device with a user account, thereby enabling certain acts to be carried out in relation to that application such as updating or reinstalling the application, or installing the application on another client device associated with the user account. A check … Continue reading Apple Inc (Patent): IPO 15 Mar 2016
IPO The application relates to a metering system to measure usage of renewable energy produced by a privately owned micro-generating unit. The micro-generating unit is part of a larger commercial installation which operates on the basis of ‘sharecropping’, where private users are allocated amounts of renewable energy based upon their investment into the scheme. The … Continue reading Sustainable Energy and Heating Systems Ltd (Patent): IPO 19 Aug 2014
IPO Excluded fields (refused) – The invention relates to a system for generating electronic security documents on a computing system. The invention provides a new method for generating and storing a security document in a multi-node network in which the document is assigned a unique document identifier including amongst other things a process identifier, and … Continue reading Recipero Ltd (Patent): IPO 23 Dec 2014
IPO The application relates to a method of computationally modelling production from a subterranean region with reference to a wellbore and surrounding formation, such as may be encountered in oil and gas exploration and production. The modelling typically provides simulations which predict the flow of oil, water and/or gas flow from a formation, using a … Continue reading Senergy Holdings Limited (Patent): IPO 4 Feb 2015
IPO The methods, systems and computer programs described in the application are concerned with the management of a supply chain and particularly with controlling access of trading partners in the supply chain to particular stages or ‘states’ of the supply chain, in particular the trading partner can view the transaction in a given state, the … Continue reading I2 Technologies US, Inc (Patent) O-417-10: IPO 1 Dec 2010
The application relates to a custom application builder for supply chain management. In particular a user wanting access to supply chain related data may build a ‘custom’ application using data in one or more particular ‘modules’, respective modules relating to subsets of data in the supply chain such as purchase order data, inventory data, forecasting … Continue reading I2 Technologies Us, Inc (Patent) O/416/10: IPO 1 Dec 2010
IPO The application relates generally to a program based supply chain management. Here the word ‘program’ is not used directly in relation to a computer program but the program is in this sense is rather a definition of a relationship between trading partners, e.g. such as a manufacturer and a vendor. The invention essentially restricts … Continue reading I2 Technologies Us, Inc (Patent) O/415/10: IPO 1 Dec 2010
The alleged invention relates to a computer system and method for executing a point of sale transaction. In particular, the invention provides a point of sale terminal which is capable of receiving first price data from at least one item purchased by a customer and a server which receives both transaction data from the point … Continue reading Sainsbury’s Supermarkets Ltd (Patent): IPO 16 Apr 2014
IPO PCT application WO 2009/128847 entitled ‘Apparatus for playing wagering games’ entered the UK national phase as patent application GB1018115.4. This invention allows a player to play a wagering game at a machine in the casino using funds in a remote account. Specifically, it allows one or more players to use syndicate funds or, alternatively, … Continue reading WMS Gaming Inc (Patent): IPO 24 Jun 2013
IPO The invention relates to a data synchronization protocol, in which synchronization messages to be exchanged between a client and server comprise separate sync modes (e.g. fast, slow, reset) associated with different dataclasses of data to be synchronized. The sync modes may be provided in parallel and the data may be updated in parallel. This … Continue reading Apple Inc (Patent): IPO 6 Jun 2013
IPO The application relates to a method and apparatus for determining the competency of human language interpreters. More specifically the invention, which is computer based, evaluates the proficiency of language interpreters, including in terms of determining if they have knowledge of specific technical terms in a certain field, for example medicine. The invention seeks to … Continue reading Language Line Services, Inc (Patent): IPO 14 May 2013
IPO The application relates to transcoding a web site by storing information that is found on one page of the site, inserting it into the transcoded version of another page, and providing the result to a mobile communication device. The ‘stored information’ may be a street address, a map, a telephone number or a brand … Continue reading Afilias Technologies Limited (Patent): IPO 30 May 2013
The invention in this case was an improved ‘data processing system for making a trading market in at least one security in which the system proprietor is acting as principal.’ Held: More than one exclusion can be in play in relation to the same application. Inventive excluded matter cannot count as a technical advance. Fox … Continue reading Merrill Lynch’s Application: CA 1989
A computer program modelling a crystal structure is not patentable; it was not a hardware function, and software is not capable of protection under Patents law. Aldous LJ repeated his concern at the so called ‘technical contribution test’ for patentability: ‘I, like Nicholls LJ [in Gale], have difficulty in identifying clearly the boundary line between … Continue reading In Re Patent Application No 9204959 by Fujitsu Ltd: CA 14 Mar 1997
Claim to Patent for Computer Chip was Valid The applicant had implemented an algorithm for solving square roots problems by embodying it within a computer chip. He appealed against refusal of the patent by the Patents Office. Held: The appeal succeeded. Aldous J said: ‘I have come to the conclusion that the ROM claimed cannot … Continue reading Gales Application: ChD 1990
The court should incline towards patentability in the case of computer programs: ‘I am anxious that these exclusions are not given too wide a scope. All modern industry depends upon programmed computers, and one must be astute not to defeat patents . .
IPO The application concerns game playing services in game machines, such as slot machines or video poker games. The thrust of the application is to enable game patrons to recover left-amounts which may arise . .
IPO The application relates to retrieving data from a remote computer using e-mail. A local computer sends a first e-mail containing machine-readable retrieval criteria and the remote computer responds with an . .
The application related to method of storing data in a computer. The method relied on de-duplication of the data such that only one copy of the data is stored. If an attempt is made to store a further copy of the same data then instead of storing . .
ICO The application relates to a method of providing a financial ‘risk score’ within the authorisation process of a wireless financial transaction. The Hearing Officer applied the Aerotel/Macrossan test and . .
IPO The application relates to a computer system which implements a computer program for searching and displaying biological information stored in one or more databases by converting the information from the . .
IPO This application relates to a method and arrangement for investigating an unknown calling party that has sent a communication request to a called party, in order to provide information on the relationship . .
IPO Excluded fields (refused) – The application relates to a method of retrieving financial information stored in a first database by using a second database, which contains data referencing the first database, . .
IPO Excluded fields (refused), Inventive step – The invention relates to a computer-controlled system for ordering food and/or drink in a restaurant in which a projector mounted above the dining table is used to . .
IPO The application relates to a method of predicting the behaviour of a process using a computer program. It was accepted that predicting the behaviour of a process is excluded under section 1(2) as being a . .
IPO The invention relates to a process control safety system and in particular to a method and apparatus for generating a script for use in writing data in a process control safety system. The claims address the . .
IPO The application relates to a computer-controlled interactive food and/or drink ordering system for direct use by a customer where the prices are varied according to demand. It is known for restaurants and . .
IPO The application relates to a computer-controlled interactive food and/or drink ordering system that can generate and print the bill at the request of the customer. In conventional restaurants, when requesting . .
IPO The application relates to a computer-controlled interactive food and/or drink ordering system that can prompt a customer to place an order. In conventional restaurants, a waiter will present a customer with . .
IPO The application is concerned with a computer-implemented system and method for supply chain planning in which the user is provided with a visual representation of the supply chain network and a high level . .
IPO The invention relates to the simulation and testing of programmable devices and associated programs designed to run thereon. Modelling the device and associated programs in this way helps to identify . .
IPO The invention concerns the ranking of Internet search results in the context of mobile phone access to Internet content with content providers paying to improve their position in the ranking of search . .
IPO The invention provided, in a brokerage system which allowed a user to obtain digital content from third party providers via a networked system, a means to store information about the functionality and . .
IPO The invention related to a gaming apparatus and method in which 2D image data was converted into a 3D video image and displayed on a non-planar 3D screen. The examiner had objected that the contribution of . .
IPO The application related to a new way of providing a bonus when playing a gaming machine. Applying the Aerotel test the hearing officer held that, irrespective of whether the invention was claimed as a method . .
Excluded fields (refused) – The application relates to apparatus and a method for processing payments between a business software system and a payment processor. More specifically it provides an intermediate payment processor that interfaces between . .
IPO The application relates to a method of enabling an application running on an operating system on a portable computing device to access files stored on removable storage medium. Memory on different devices is . .
IPO The application is concerned with games such as poker in which a combination of cards makes up a winning hand, or slot machine symbols making a winning row. In the card variant, certain cards have associated . .
IPO The application relates to a method of operating a computing device to access data held in a dynamic link library (DLL) which has two parts, each part containing a number of functions. In operation, an . .
IPO All three applications (which were unrelated) related to ways of determining the awards and bonuses to be paid to players of gaming machines, and were refused. Applying the four-step Aerotel/Macrossan test in . .
IPO The application is concerned with a method of operating gaming machines in which players are offered games in which they can exercise a level of skill, strategy or risk. A proportion of the award (whether won . .
IPO In a computer networked system for monitoring gaming machines and tables in a casino, information on player activity is sent to casino employees on portable handheld computers linked to the system allowing . .
IPO This application relates to an electronic gaming machine such as a ‘slot machine’ wherein players receive monetary awards which are displayed, for example, in the form of a three digit number. The player can . .
IPO This application relates to an electronic gaming machine such as a ‘slot machine’ wherein players begin the game by pulling an arm or pushing a button which in turn rotates a series of reels or an equivalent . .
IPO Excluded fields (refused) – In a gaming machine, different results were classified into sets producing the same outcome, all results producing the same outcome being in the same set; the results were numbered . .
IPO Added subject matter, Excluded fields (refused) – The invention related to a trajectory-based game of chance for implementation on a video gaming machine. The claim related to a gaming machine but in the . .
PO The application relates to the purchase of products over the Internet, and provides a website interface that presents information regarding the price and delivery dates of a particular product against a list . .
IPO The two applications are concerned with networked interactive wagering on the outcomes of events, with particular emphasis on reducing processing delays to a minimum so that in circumstances where prices are . .
IPO The invention relates to a computerised system for trading stocks, shares, currencies and the like. Offers of assets for sale and bids to buy were displayed on each trader’s workstation so that they were able . .
OIP The invention concerns a computer-based system for a form of online betting in which the participants effectively bet against each other rather than a bookmaker. It is based on the use of ‘coupons’ which are . .
IPO Excluded fields (refused) The application concerns a system to enable semiconductor design information (IP) to be shared efficiently over a computer network by registered users. Each piece of semiconductor IP . .
The application was concerned with a method of creating items according to a schedule based on the location to which the items were to be transported. The examiner had not searched the application because in his view it related to a method of doing . .
IPO Excluded fields (allowed) – The applications relate to the use of parallel processing in active memory applications. Following the CFPH approach, the Hearing Officer was able to identify an advance in the art . .
IPO The claims related to an apparatus for gaming which was networked to a host computer and allocated players to levels each with an associated amount beyond which a player would be given an award. The nearest . .
ICO The application related to a networked gaming system which changed the game content and behaviour based on recorded data about players, thus allowing a casino operator to tailor the experience to an . .
The applicants appealed against rejection of their claims for patents under section 1(2) of the 1977 Act. . .
The court was asked: ‘When a claim defines an invention partly by reference to excluded subject-matter e.g. a business method, how do you search the prior art?’ The company appealed against rejection of its request for a patent. . .
The applicants appealed rejection of their applications for patents. The comptroller-general had said that patents were in respect of computer programs excluded from registration.
Held: The appeals failed. There was no relevant technical . .
The applicant had implemented an algorithm for solving square roots problems by embodying it within a computer chip. He appealed against refusal of the patent by the Patents Office.
Held: The appeal succeeded.
Aldous J said: ‘I have come . .
Appeal from a decision rejecting a Patent Application in the name of Fujitsu Ltd. His grounds for rejection were that the subject matter of the application was not an invention for the purposes of the 1977 Act in that it was excluded as a result of the provisions of s. 1(1)(d) and 1(2)(d) as being … Continue reading Fujitsu Ltd, Re Patent Application No. 920495 2: PatC 24 May 1996
The patentee had invented a method for storing CDs. The patentee sought leave to appeal a finding that its patent was invalid, and if successful, to appeal a finding that the defendant’s apparatus was not infringing. Held: The application for leave to appeal did involve a judicial finding sufficient to satisfy the obligation under TRIPS. … Continue reading Pozzoli Spa v BDMO Sa and Another: CA 22 Jun 2007
A patent for a substance which had been produced naturally before the application of the process was invalid. The patent was invalidated after the discovery that the effect was produced naturally from an acid metabolite. Patent infringement does not require that one should be aware that one is infringing: ‘whether or not a person is … Continue reading Merrell Dow Pharmaceuticals Inc and Another v H N Norton and Co Ltd; Same v Penn Etc: HL 26 Oct 1995
The respondents had applied for and obtained an order to revoke the appellant’s patent of a stent for obvousness. Though the parties had settled, the public law element required the intervention of the Comptroller General. The House was asked about how to identify the concept embodied in the invention which may constitute the ‘inventive step’ … Continue reading Conor Medsystems Inc v Angiotech Pharmaceuticals Inc and others: HL 9 Jul 2008
Excluded fields (refused) – The invention related to providing a personalized advertising service through portable terminals such as mobile phones and Personal Digital Assistants (PDAs). In the invention, if a particular user wishes a personalized advertisement to be delivered to other users or group members an advertising server can provide the personalized advertisement based on … Continue reading Samsung Electronics Co Ltd (Patent): IPO 17 Dec 2014
IPO The application relates to a method of generating a list of cancer drug treatment options based on the status of molecular markers derived from a sample of a tumor in a patient. It is claimed as a method of diagnosing cancer which comprises the steps of interrogating a computer-implemented database and producing a list … Continue reading The Rocket Science Group, Llc (Patent): IPO 7 Jun 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
It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties.
Held: The . .
IPO The patent application relates to a golf putter having a measurement scale and sighting means to estimate the distance to the hole. The examiner had objected that new subject matter had been added contrary to . .
IPO In apparatus for electronic trading a spreadsheet application calculated a series of trading commands from incoming market data and stored them in a queue to be sent at predetermined intervals to an . .
It was known for casinos to issue their own identification cards for use by players of gaming machines, but the invention allowed information to be read from a pre-existing card such as a driver’s licence or credit card and used, without decrypting . .
IPO Excluded fields (refused), Inventive step – The four applications all concerned gaming machines typically for use in arcades, in which there was a main game and a bonus game. The specific embodiments differed . .
Appeal against refusal to admit supplementary statement of case. The claimant had, while employed by the defendant created a pump which came to be widely used in the management of diabetes. He was seeking recompense for his contribution. . .