Denial of Patent to Software-Related Invention Appealed in the UK

We posted previously about the Macrossan patent case in the UK, involving the denial of a patent for computer-based document assembly.

Today, we received the following information from a reader:

The Rt. Hon. Lord Justice Jacob of the Court of Appeal recently granted permission for an appeal in the Macrossan case, which concerns the controversial topic of the patentability of software related inventions.

In particular, the Macrossan case concerns the patentability of a computer-based document assembly system (at http://www.ukcorporator.co.uk/). The appeal is from the decision of Mann J in the High Court given on 3rd April 2006, which may be seen at http://www.bailii.org/ew/cases/EWHC/Ch/2006/705.html.

A link to a copy of the decision/order by Lord Justice Jacob is at: http://www.ukcorporator.co.uk/patentappeal.pdf.

It appears that His Lordship considered that Mr Macrossan’s arguments have ‘a real prospect of success’ and that the issue of the exclusions contained in the European Patent Convention – Article 52 (i.e. the analogue of section 1 – subsections (1) and (2) – of the Patent Act 1977) was of ‘public interest’ and ‘sufficiently uncertain’ to be worthy of consideration by the Court of Appeal.

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