IN THE MATTER OF APPLICATION NO. 9204959.2 BY FUJITSU LIMITED [1997] EWCA Civ 1174 (6th March, 1997)

IN THE MATTER OF APPLICATION NO. 9204959.2 BY FUJITSU LIMITED [1997] EWCA Civ 1174 (6th March, 1997)

The claimed invention is excluded from patentability as it consists of a computer program as such, providing no technical contribution beyond conventional computer programming, and thus falls within Section 1(2)(c) of the Patents Act 1977.

Citation
[1997] EWCA Civ 1174
Parties
Appellant: Fujitsu Ltd; Respondent: Comptroller
Jurisdiction
England and Wales
Procedural Posture
Patent Appeal / Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Patentability, Computer Programs, Mental Acts, Technical Contribution, Excluded Subject Matter
Intellectual Property Patent Law Patentability Computer Programs Mental Acts Technical Contribution Excluded Subject Matter

Case Brief

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Parties

Fujitsu Ltd

Appellant

Comptroller

Respondent

Procedural Posture

Patent Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the patent application is excluded from patentability under Section 1(2)(c) of the Patents Act 1977 as a computer program or a method for performing a mental act as such.
  2. 2 Whether the claimed invention provides a technical contribution beyond a computer program as such.

Ratio Decidendi

The claimed invention is excluded from patentability as it consists of a computer program as such, providing no technical contribution beyond conventional computer programming, and thus falls within Section 1(2)(c) of the Patents Act 1977.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Order for a section 20 extension as handed in.