The applicant appealed against the refusal of two patents by the respondent.
Held: The standard of proof to be applied on objections to patentability was the same which applied when testing for exclusions. The standard was the balance of probabilities, and it was not the case that the patent should be granted in the case of any doubt as to the objection.
Floyd
[2008] EWHC 2763 (Pat), Times 10-Dec-2008
Bailii
England and Wales
Citing:
Cited – 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 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 . .
Cited – Macrossan v Comptroller-General of Patents, Designs and Trade Marks 2005 ChD 3-Apr-2006
The court upheld the rejection of a patent application with regard to a computer program. . .
Cited – 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
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 In one case a patent had been revoked on being challenged, and in the other, the . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 10 November 2021; Ref: scu.278787