High Court says UK-IPO was wrong to reject software-related patent – OUT-LAW.com

Posted March 18th, 2008 in computer programs, news, patents by sally

“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.”

Full story

OUT-LAW.com, 18th March 2008

Source: www.out-law.com

Cinpres Gas Injection Ltd v Melea Ltd – Times Law Reports

Posted February 29th, 2008 in law reports, patents, perjury, res judicata by sally

Cinpres Gas Injection Ltd v Melea Ltd

Court of Appeal

“Perjury by a witness who had common cause with one of the parties in proceedings could be sufficient to have the judgment set aside as having been obtained by fraud.”

The Times, 29th February 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.

Glaxo Group Ltd v Genentech Inc and Another – Times Law Reports

Posted February 21st, 2008 in law reports, patents, stay of proceedings by sally

Glaxo Group Ltd v Genentech Inc and Another

Court of Appeal

“The approach to a stay in European patent cases differed from a stay in ordinary commercial litigation because the possibility of parallel validity proceedings in national courts and in the European Patent Office was inherent in the legal arrangements in the European Patent Convention.”

The Times, 21st February 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.

UK-IPO changes software patent advice – OUT-LAW.com

Posted February 12th, 2008 in computer programs, news, patents by sally

“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.”

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OUT-LAW.com, 12th February 2008

Source: www.out-law.com

Glaxo Group Ltd v Genentech Inc and another – WLR Daily

Posted February 1st, 2008 in law reports, patents, stay of proceedings by sally

Glaxo Group Ltd v Genentech Inc and another [2008] EWCA Civ 23; [2008] WLR (D) 21

“The approach to a stay in European patent cases differed from a stay in ordinary commercial litigation because the possibility of parallel validity proceedings in national courts and in the European Patent Office was inherent in the legal arrangements in the Convention under which the EPO was established.”

WLR Daily, 31st 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.

Cinpres Gas Injection Ltd v Melea Ltd – WLR Daily

Posted February 1st, 2008 in law reports, patents, perjury, res judicata by sally

Cinpres Gas Injection Ltd v Melea Ltd [2008] EWCA Civ 9; [2008] WLR (D) 19

“Where an inventor who gave perjured evidence at the trial of his employer’s application for a patent had been more than a mere witness in those proceedings, his fraud should be treated as his employer’s fraud for the purposes of the fraud exception to the doctrine of res judicata.”

WLR Daily, 31st 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.

In re Astron Clinica Ltd and others – WLR Daily

Posted January 29th, 2008 in computer programs, law reports, patents by sally

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.

High Court backs software patents – OUT-LAW.com

Posted January 29th, 2008 in computer programs, news, patents by sally

“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.”

Full story

OUT-LAW.com, 28th January 2008

Source: www.out-law.com

In re DLP Ltd – WLR Daily

Posted November 21st, 2007 in appeals, law reports, patents by sally

In re DLP Ltd [2007] EWHC 2669 (Pat)

“It was the intention of s 74B of the Patents Act 1977 and r 77K of the Patents Rules 1995 that an appeal should lie as of right where it related to part of an opinion issued by the Comptroller, pursuant to s 74A of the Patents Act 1977, which had not been set aside by a hearing officer on review.”

WLR Daily, 20th November 2007

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed. 

Tech firms challenge software patent barrier in High Court – OUT-LAW.com

Posted November 13th, 2007 in computer programs, news, patents by sally

“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.”

Full story

OUT-LAW.com, 13th November 2007

Source: www.out-law.com

Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and Another – Times Law Reports

Posted October 30th, 2007 in law reports, patents, time limits by sally

Patent amendment is not making a different claim

Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and Another

House of Lords

“When a reference was made under section 37(1)(a) of the Patents Act 1977 for joint ownership of a patent and the Comptroller-General of Patents, Designs and Trademarks was seised of the matter, an amendment to claim sole ownership of the patent did not amount to the making of a new or different claim.”

The Times, 30th October 2007

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.

Rhone-Poulenc Rorer International Holdings Inc and another v Yeda Research and Development Co Ltd (Comptroller General of Patents, Designs and Trademarks intervening) – WLR Daily

Posted October 25th, 2007 in law reports, patents, time limits by sally

Rhone-Poulenc Rorer International Holdings Inc and another v Yeda Research and Development Co Ltd (Comptroller General of Patents, Designs and Trademarks intervening) [2007] UKHL 43

“When a reference pursuant to s 37(1)(a) of the Patents Act 1977 for joint ownership of a patent had been made and the Comptroller of Patents Designs and Trademarks was seised of the matter, an amendment so as to claim sole ownership of the patent did not amount to the making of a new or different claim which was outside the limitation period.”

WLR Daily, 24th October 2007

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.

Consultation on fast track processing of Patents & Trade Marks – UK Intellectual Property Office

Posted September 24th, 2007 in consultations, patents, trade marks by sally

“The Gowers Report on Intellectual Property recommended that the UK Intellectual Property Office provide new accelerated services for processing patent and trade mark applications. We have considered these recommendations and are now consulting on proposed new fast track services for patents and trade marks, both of which will be available to all applicants upon payment of a fee.”

Consultation Document (pdf and Word)

UK Intellectual Property Office, 21st September 2007

Source: www.ipo.gov.uk

UK and US offices team up to accelerate patent prosecution process – OUT-LAW.com

Posted September 7th, 2007 in news, patents by sally

“The US and UK patent offices have agreed to share and recognise each other’s patent examination reports under a new deal. The offices hope that the deal could save significant application time for would-be patent holders.”

Full story

OUT-LAW.com, 6th September 2007

Source: www.out-law.com

Raytheon Company v. Comptroller General of Patents, Designs and Trade Marks – WLR Daily

Posted May 23rd, 2007 in law reports, patents by sally

Raytheon Company v. Comptroller General of Patents, Designs and Trade Marks [2007] EWHC 1230 (Pat) 

“The court had a discretion to allow the Comptroller General of Patents, Designs and Trade Marks to raise objections on appeal that had not been maintained before a hearing officer determining whether to grant a patent.”

WLR Daily, 22nd May 2007

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.

Patent damages not refunded if EPO cancels patent – OUT-LAW.com

Posted May 10th, 2007 in damages, news, patents by sally

“Damages for patent infringement awarded by a UK court must not be paid back even if the patent is later declared invalid by the European Patent Office (EPO), the Court of Appeal has ruled.”

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OUT-LAW.com, 9th May 2007

Source: www.out-law.com