“Computer programming languages should not be viewed as being copyrightable, a High Court judge has said.”
OUT-LAW.com, 28th January 2013
Source: www.out-law.com
Usedsoft GmbH v Oracle International Corp (Case C-128/11); [2012] WLR (D) 192
“Article 4(2) of Parliament and Council Directive 2009/24/EC meant that the right of distribution of a copy of a computer program was exhausted if the copyright holder who had authorised, even free of charge, the downloading of that copy from the Internet onto a data carrier had also conferred, in return for payment of a fee intended to enable him to obtain a remuneration corresponding to the economic value of the copy of the work of which he was the proprietor, a right to use that copy for an unlimited period. In the event of the resale of a user licence, the second acquirer of the licence, as well as any subsequent acquirer of it, was able to rely on the exhaustion of the distribution right under article 4(2), and hence be regarded as lawful acquirers of a copy of a computer program within the meaning of article 5(1) and benefit from the right of reproduction provided for in that provision.”
WLR Daily, 3rd July 2012
Source: www.iclr.co.uk
SAS Institute Inc v World Programming Ltd: (Case C-406/10); [2012] WLR (D) 131
“The functionality of a computer program, the programming language and the format of data files used in a computer program in order to exploit certain of its functions did not constitute a form of expression of that program within the meaning of article 1(2) of Council Directive 91/250/EEC on the legal protection of computer programs (OJ 1991 L122, p 42) and, as such, were not protected by copyright in computer programs for the purposes of that Directive.”
WLR Daily, 2nd May 2012
Source: www.iclr.co.uk
“A computerised method of processing images and categorising features within it into database-searchable words is not excluded from patentability, a hearing officer at the Intellectual Property Office (IPO) has ruled.”
OUT-LAW.com, 5th January 2011
Source: www.out-law.com
“Software companies should be entitled to bigger damages for the use of copied software, industry lobby group the Business Software Alliance (BSA) has said.”
OUT-LAW.com, 13th May 2011
Source: www.out-law.com
“A company which indexes and sorts postings to Usenet groups is liable for the copyright infringement of its users when they download films, software and television programmes, the High Court has said.”
OUT-LAW.com, 29th March 2010
Source: www.out-law.com
“A company has failed in its attempt to declare itself the owner of software that it paid another company to develop. The High Court has refused to declare that copyright in the software passed to Infection Control Enterprises Ltd (ICEL).”
OUT-LAW.com, 2nd December 2009
Source: www.out-law.com
“The UK’s Intellectual Property Office (IPO) will still use a previously formulated test on software patents despite a court ruling which many took to be critical of its approach.”
OUT-LAW.com, 18th December 2008
Source: www.out-law.com
“The European Patent Office (EPO) has asked its ultimate legal authority to look at the European Patent Convention (EPC) and issue advice on the patentability of software. The EPO said that such advice was necessary to ensure the uniform application of the EPC.”
OUT-LAW.com, 28th October 2008
Source: www.out-law.com
Symbian Ltd v Comptroller-General of Patents, Designs and Trademarks
Court of Appeal
“A method of accessing data in a dynamic link library in a computing device was not excluded by reason of being a computer program from registration as a patent as it imvolved a technical contribution which would enable computers to work faster and more reliably.”
The Times, 28th October 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“IP chambers 8 New Square has scored a Court of Appeal win for technology company Symbian, in a decision that could see software patents allowed in the UK for the first time.”
The Lawyer, 20th October 2008
Source: www.thelawyer.com
Symbian Ltd v Comptroller General of Patents [2008] EWCA Civ 1066; [2008] WLR (D) 310
“A patent application concerning a method of accessing data in a dynamic link library in a computing device was not excluded from registration under s 1(2)(c) of the Patents Act 1977 on the ground that it related to a computer program ‘as such’, since it involved a technical contribution to the prior art which would enable computers and related devices to work faster and more reliably.”
WLR Daily, 9th October 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Technology companies will find it easier to safeguard their innovations in the UK after a court ruled that software should receive wider patent protection.”
The Times, 8th October 2008
Source: www.timesonline.co.uk
“Activists have declared tomorrow ‘Stop Software Patents Day’. The day is being held on the fifth anniversary of a European Parliament decision to limit patent law in a way that campaigners say benefited small software developers.”
OUT-LAW.com, 23rd September 2008
Source: www.out-law.com
“The High Court has overturned a decision of the UK Intellectual Property Office (UK-IPO) to reject a patent application as being nothing more than software. The UK-IPO said that today’s ruling is incompatible with other decisions and will appeal.”
OUT-LAW.com, 18th March 2008
Source: www.out-law.com
“The UK Intellectual Property Office (UK-IPO) will not appeal against a High Court ruling that some computer programs can be patented. It has amended its guidance to firms on the controversial issue.”
OUT-LAW.com, 12th February 2008
Source: www.out-law.com
In re Astron Clinica Ltd and others [2008] EWHC 85 (Pat); [2008] WLR (D) 12
“Claims to computer programs were not necessarily excluded from patentability by art 52 of the Convention on the Grant of European Patents 1973. Where claims to a method performed by running a suitably programmed computer or to a computer programmed to carry out the method were allowable, then, in principle, a claim to the program itself should be allowable.”
WLR Daily, 28th January 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Some software can be patented in the UK and the UK Intellectual Property Office (UKIPO) is wrongly rejecting applications, according to a new ruling in the High Court. The UKIPO is considering appealing against the verdict.”
OUT-LAW.com, 28th January 2008
Source: www.out-law.com
“A British man who was selling £12,000 software for £12 on eBay faces up to 10 years in prison. He pleaded guilty to copyright infringement and will be sentenced in February.”
OUT-LAW.com, 15th January 2008
Source: www.out-law.com
“Four small technology companies will challenge recent guidance from the UK Intellectual Property Office (UK-IPO) in the High Court next week. It states that few claims to computer programs for carrying out patentable methods are eligible for patenting.”
OUT-LAW.com, 13th November 2007
Source: www.out-law.com
© Inner Temple Library 2025