Symbian Ltd v Comptroller General of Patents [2008] EWCA Civ 1066 (08 October 2008)

The claimed invention is not excluded from patentability because it makes a technical contribution by improving the speed and reliability of computers and devices, and thus is not a computer program 'as such' under section 1(2)(c) Patents Act 1977 and Article 52(2)(c) EPC.

Citation: [2008] EWCA Civ 1066
Parties: Respondent/claimant: Symbian Limited; Appellant/defendant: Comptroller General of Patents
Jurisdiction: England and Wales
Judgment Date: 08 October 2008
Procedural Posture: Patent Appeal / Appeal From High Court (patents 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, Software Patents

Intellectual Property Patent Law Patentability of Computer Programs Section 1(2) Patents Act 1977 Article 52 European Patent Convention Technical Contribution Requirement Software Patents

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Parties

Symbian Limited

Respondent/claimant

Comptroller General of Patents

Appellant/defendant

Procedural Posture

Patent Appeal / Appeal From High Court (patents 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) 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

Court Disposition

Appeal dismissed

Orders

The decision of Patten J allowing Symbian's appeal is upheld.
The claimed invention is not excluded from patentability under section 1(2)(c) Patents Act 1977.