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Hoffmann · Eitle Newsletter 4/2011 - Patentability of Computer Program Inventions

Author(s): David Sproston

The Hoffmann · Eitle Newsletter 4/2011 analyses a new decision of the UK Patents Court concerning patent applications for computer-implemented methods of designing a drill bit for drilling oil wells. The applications had previously been refused by the UK Intellectual Property Office (UK-IPO) as being programs for a computer, methods for performing a mental act and mathematical methods. The judge held that the mental act exclusion is a narrow one and provided useful guidance on the computer program exclusion under UK law as well. As a result of the Court decision, it appears that the UK is moving closer to the EPO concerning the types of inventions for which patents should be granted.

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