UK-Intellectual Property Office alters advice to firms regarding software patents

The UK Intellectual Property Office (UK-IPO) has changed its guidance to companies regarding the issue of software patents, following the High Court ruling that some computer programs may be patented. In January, the High Court ruled that the UK-IPO was wrong in rejecting six companies’ patent applications and thus demanded re-examination. After considering an appeal, the UK-IPO decided to accept the ruling and amend its advice to firms.

The debate regarding the patentability of software programs is a complex one that has been the subject of many rulings in the past. The UK-IPO stated that “this ruling is a narrow one which places a greater emphasis on the substance of what has been invented than the words used in the claim. It does not have the effect of making computer programs generally patentable in the UK, but it does allow innovators to enforce all aspects of their patentable inventions directly.”