Technology companies will find it easier to safeguard their innovations in the UK after a court ruled that software should receive wider patent protection.
The Court of Appeal said today that complex software such as programmes designed to make mobile phones and computers work faster can be patented in the UK.
Previously, manufacturers could claim commercial exclusivity for their products under copyright laws but had less legal protection for underlying technical processes.
As a result of the ruling, developers are likely to find it easier to secure approval from the UK’s Intellectual Property Office (IPO), which has traditionally been reluctant to grant patents to cover software.
William Cook, a partner at Simmons and Simmons, said the court’s decision would bring the UK’s patent regime into line with Europe, which is much more open to granting software protection.
The ruling relates to a case in which the IPO had refused to grant a patent for an accelerator programme designed to make iPods, mobile phones and computers run quicker.
The High Court had previously ruled that the application’s developer, Symbian, an IT group part-owned by Nokia, should be granted a UK patent. The Court of Appeal today endorsed its decision.
Lawyers said that the IPO, which appealed the High Court's initial decision, will now have to take a softer, more innovation-friendly approach to this type of computer software.
Jeremy Morton, a partner at Fasken Martineau, the law firm, said: “It is clear that the UK IPO has been applying too restrictive a test. The message is software inventions are clearly patentable.”
Lawyers added that the ruling will not only allow developers to secure patents in the UK but will also strengthen the status of any Europe-wide patents they hold.
Historically, the reluctance of the IPO to grant patents in this country has forced many to apply to the European Patent Office (EPO) in Munich instead. Those patents are regarded as valid in the UK unless challenged in court, whereby they are relatively easy to overturn.
Mr Cook said that after today’s ruling European patents will be harder to challenge in British courts.
The ruling is likely to provoke criticism from those who argue that large technology companies are already too powerful. Robin Fry, a partner at Beachcroft, said: “Whether there should be monopolies on new ways of operating mobile phones and cameras is still a controversial issue. We need clear guidance from Brussels as to whether allowing these kind of patents helps our economies or stifles innovation.”
Accelerator programmes, which are packaged into operating systems, are one of largest growth areas in software development. Niche companies such as Symbian compete with technology giants Google, Microsoft and IBM.'
Resource - Times Online
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