Patenting Computer Programs: A Glimmer of Convergence
European Intellectual Property Review, 2008, 30(9):379-382.
8 Pages Posted: 14 Apr 2014
Date Written: 2008
The decision of Kitchin J in Astron Clinica Ltd v Comptroller General of Patents, Designs and Trade Marks addresses the important issue of whether claims to computer programs on suitable storage media are prohibited by Article 52(2) & (3) of the European Patent Convention 1973 (EPC) and the UK equivalent, section 1(2) of the Patents Act 1977 (PA). In deciding that such claims are allowable, Kitchin J sought to preserve a strand of consistency between the UK Intellectual Property Office (UK IPO) and European Patent Office (EPO) when it comes to patentability of computer programs.
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