Astron Clinica Ltd and others v The Comptroller General of Patents, Designs and Trade Marks: PatC 25 Jan 2008

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 is sufficient to make it patentable or whether (to use the words of Art.52 (3)) it is more than a patent for the computer program as such.


Kitchin J


[2008] EWHC 85 (Pat), [2008] Bus LR 961, [2008] 2 All ER 742, [2008] RPC 14




Patents Act 1977, European Patent Convention 52

Cited by:

CitedSymbian Ltd v Comptroller General of Patents CA 8-Oct-2008
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 . .
CitedSymbian Ltd v Comptroller General of Patents PatC 18-Mar-2008
The company appealed against rejection of its patent application, the objection being as to the invention’s patentability. The EPO had granted a European Patent. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 13 July 2022; Ref: scu.264118