The
Court of Appeal has handed down a potentially far-reaching
judgment concerning whether
computer programs can be patented.
The Court has ruled that Symbian can patent a program which
enables computers to run faster and more efficiently.
In what has been a fiercely debated topic within the software
industry, the ruling may allow many more computer programs to be
patented.
The rules governing what can be patented say that a computer
program "as such" is excluded. It has been accepted, however, that
a wider invention which happens to involve a computer program can
be protected, for example using a programmed computer to make a
production line work better.
With the Symbian invention, the question was whether a program
which made the computer itself work better could be patented.
Lord Neuberger, giving the judgment of the court, agreed with
Symbian that this was the sort of invention that could be
protected.
He noted that to do otherwise would be inconsistent with what
the UK courts had previously decided. He also noted the importance
of the UK Intellectual Property Office seeking, where it could, to
be consistent with the European Patent Office (EPO).
The EPO had already decided to grant a patent for the invention
in question. Myles Jelf of law firm Bristows said, "This decision
makes a lot of sense from a legal viewpoint, as the contrary view
could effectively have shut out all patent protection for anything
that takes place within a computer.
"It will, however, cause reverberations throughout the software
industry as, following it, more patents will surely be granted
which cover software applications and packages."