Court of Appeal parts company with the EPO on software patents

David Bainbridge*

*Corresponding author for this work

Research output: Contribution to journalArticle

Abstract

In the recent case of Aerotel Ltd v. Telco Holdings Ltd and Macrossan's Patent Application ([2006] EWCA Civ 1371), the Court of Appeal departed from underlying reasoning in the line of cases developed under the European Patent Convention since VICOM/Computer-related invention in 1987 considering itself bound by its own previous decisions. That being so, UK law and practice on software inventions no longer reflects current thinking at the EPO. This is a very serious matter which could have grave economic consequences for the software industry.

Original languageEnglish
Pages (from-to)199-204
Number of pages6
JournalComputer Law and Security Report
Volume23
Issue number2
DOIs
Publication statusPublished - 26 Feb 2007

Fingerprint

Patents and inventions
invention
patent
appeal
holding
Industry
Economics
Law
industry
economics
software
Software
Patents
Invention
Software industry
Economic consequences

Cite this

Bainbridge, David. / Court of Appeal parts company with the EPO on software patents. In: Computer Law and Security Report. 2007 ; Vol. 23, No. 2. pp. 199-204.
@article{31d2a67fdea140d88129d093efeb27e4,
title = "Court of Appeal parts company with the EPO on software patents",
abstract = "In the recent case of Aerotel Ltd v. Telco Holdings Ltd and Macrossan's Patent Application ([2006] EWCA Civ 1371), the Court of Appeal departed from underlying reasoning in the line of cases developed under the European Patent Convention since VICOM/Computer-related invention in 1987 considering itself bound by its own previous decisions. That being so, UK law and practice on software inventions no longer reflects current thinking at the EPO. This is a very serious matter which could have grave economic consequences for the software industry.",
author = "David Bainbridge",
year = "2007",
month = "2",
day = "26",
doi = "10.1016/j.clsr.2007.01.001",
language = "English",
volume = "23",
pages = "199--204",
journal = "Computer Law and Security Report",
issn = "0267-3649",
publisher = "Elsevier",
number = "2",

}

Court of Appeal parts company with the EPO on software patents. / Bainbridge, David.

In: Computer Law and Security Report, Vol. 23, No. 2, 26.02.2007, p. 199-204.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Court of Appeal parts company with the EPO on software patents

AU - Bainbridge, David

PY - 2007/2/26

Y1 - 2007/2/26

N2 - In the recent case of Aerotel Ltd v. Telco Holdings Ltd and Macrossan's Patent Application ([2006] EWCA Civ 1371), the Court of Appeal departed from underlying reasoning in the line of cases developed under the European Patent Convention since VICOM/Computer-related invention in 1987 considering itself bound by its own previous decisions. That being so, UK law and practice on software inventions no longer reflects current thinking at the EPO. This is a very serious matter which could have grave economic consequences for the software industry.

AB - In the recent case of Aerotel Ltd v. Telco Holdings Ltd and Macrossan's Patent Application ([2006] EWCA Civ 1371), the Court of Appeal departed from underlying reasoning in the line of cases developed under the European Patent Convention since VICOM/Computer-related invention in 1987 considering itself bound by its own previous decisions. That being so, UK law and practice on software inventions no longer reflects current thinking at the EPO. This is a very serious matter which could have grave economic consequences for the software industry.

UR - http://www.scopus.com/inward/record.url?scp=33847092497&partnerID=8YFLogxK

U2 - 10.1016/j.clsr.2007.01.001

DO - 10.1016/j.clsr.2007.01.001

M3 - Article

VL - 23

SP - 199

EP - 204

JO - Computer Law and Security Report

JF - Computer Law and Security Report

SN - 0267-3649

IS - 2

ER -