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Patent Decision

Written by Ben Evans on 08 February 2008

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The question of whether computer software can be protected via patents has taken an interesting turn in the past week or so with the High Court finding in favour of four companies that appealed the UK IPO's decisions to reject their patent applications on the grounds that they were for computer programs.

In the Astro Clinica case and others, Mr Justice Kitchen found that the guidlines applied by the UK IPO after the Macrossan decision of 2006 wrongly interpreted this judgement to mean a blanket ban on all software patents. Mr Justice Kitchen recommends adopting a more liberal approach such as that of the European Patent Office where each application is analysed on its own merits.

So there is hope for protecting your software!

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