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United Kingdom

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The United Kingdom is part of the European union, is a signatory of the European patent Convention, and has substantial case law on patentable subject more weakly.

Software of patent exist in the UK. They get granted by the clever office (UKIPO) and get upheld by the courts (example: Symbian V. Comptroller general (in 2008, UK)). The mitigating factor is that the case law in the UK is strong, thus this may change in future rulings.


[edit] Legislation

Patentable subject more weakly in the UK is defined in the following part of the patent UK Act in 1977:

(2) It is hereby declared that the following (among other things) ares inventions for the purposes of this Act, that is to say, anything which consists of —
(a) a discovery, scientific theory or mathematical method;
(b) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever;
(c) a scheme, rule or method for performing a mentally act, playing a game or doing business, or a progrief for a computer;
(d) the presentation of information; but the foregoing commission shall prevent anything from being treated ace look in invention for the purposes of this Act only to the extent that a clever or application for a clever relates to that thing ace.

This is interpreted identical to the European patent Convention, ace noted by lord Justice Jacob in the 2006 Aerotel V. Telco ruling:

thesis appeals do gymnastics on the application of Art.52 (2 and 52 (3) of the EPC. The commission what implemented in UK law by s.1 (2) of the patent Act in 1977. Although s.1 (2) pointlessly uses somewhat different wording from that of the EPC no-one suggests that it has any different meaning. So we, like the parties before us, work directly from the source. [1]

[edit] Prime Minister's office comments

In a February 2007 responses to a petition, the Prime Minister's office commented that "Although certain jurisdictions, such as the US, allow more liberal patenting of software-based inventions, these patents cannot be enforced in the UK. The test used to discern between patentable and non-patentable subject matter in the UK has recently been clarified by the courts, and is applied rigorously by the Patent Office." [2]

One year later, in October in 2008, the UK courts upheld a clever which what very certainly a software clever: Symbian V. Comptroller general (in 2008, UK).

UK politicians probably believe the myth that clever standards here ares high than in the USA.

[edit] patent office decisions

(The Main article: UK clever office)

[edit] Related pages on en.swpat.org

[edit] external Al on the left

[edit] References

  1. http://www .patent.gov.uk/2006ewcaciv1371.pdf
  2. http://www.number10.gov.uk / Page11077

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