Fujitsu Ltd, Re Patent Application No. 9204959.2 [1996] EWHC 3186 (Pat) (24 May 1996)

Fujitsu's application is, in substance, a method for performing a mental act implemented by computer, with the result determined by the operator's skill and assessment rather than a defined technical process. The claims do not avoid the statutory exclusions under s.1(2) of the Patents Act 1977, and are therefore unpatentable.

Citation: [1996] EWHC 3186 (Pat)
Parties: Applicant: Fujitsu Ltd; Respondent: Comptroller
Jurisdiction: England and Wales
Judgment Date: 24 May 1996
Procedural Posture: Patent Appeal / Appeal From Principal Examiner's Decision
Outcome: appeal dismissed
Legal Topics: Patentability of Computer Programs, Statutory Exclusions Under S.1(2) Patents Act 1977, Technical Contribution Requirement, Methods for Performing Mental Acts

Intellectual Property Law Patent Law Patentability of Computer Programs Statutory Exclusions Under S.1(2) Patents Act 1977 Technical Contribution Requirement Methods for Performing Mental Acts

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Parties

Fujitsu Ltd

Applicant

Comptroller

Respondent

Procedural Posture

Patent Appeal / Appeal From Principal Examiner's Decision

Legal Issues

1 Whether the subject matter of Fujitsu's patent application is excluded from patentability under s.1(2) of the Patents Act 1977 as a computer program or a method for performing a mental act
2 Whether the claimed invention makes a technical contribution to the known art sufficient to avoid the statutory exclusions

Ratio Decidendi

Court Disposition

appeal dismissed