Symbian Ltd v Comptroller General of Patents
The claimed invention is not excluded from patentability because it makes a technical contribution by improving the speed and reliability of computers and related devices, and thus is not a computer program as such under section 1(2)(c) of the Patents Act 1977 and Article 52(2)(c) EPC.
- Parties
- Respondent/claimant: Symbian Limited; Appellant/defendant: Comptroller General of Patents
- Jurisdiction
- England and Wales
- Judgment Date
- 08 October 2008
- Procedural Posture
- Civil Appeal / Appeal From High Court to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Patentability of Computer Programs, Section 1(2) Patents Act 1977, Article 52 European Patent Convention, Technical Contribution Requirement
Case Brief
Summary, issues, holding and outcome
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Parties
Symbian Limited
Respondent/claimant
Comptroller General of Patents
Appellant/defendant
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Legal Issues
- 1 Whether the claimed invention is excluded from patentability as a 'program for a computer as such' under section 1(2)(c) of the Patents Act 1977 and Article 52(2)(c) EPC
- 2 Whether the invention makes a technical contribution to the state of the art
Ratio Decidendi
The claimed invention is not excluded from patentability because it makes a technical contribution by improving the speed and reliability of computers and related devices, and thus is not a computer program as such under section 1(2)(c) of the Patents Act 1977 and Article 52(2)(c) EPC.
Court Disposition
Appeal dismissed
Orders
- The decision of Patten J allowing Symbian's appeal and permitting the patent application to proceed is affirmed.
Full Case Text
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