Intellectual Property Law

UK software patent law uncertainty continues

The uncertainty over whether computer software is patentable in the UK continues, following a decision by the High Court last week which the UK Intellectual Property Office has announced it will appeal. The ruling relates to an application by Symbian for a patent to do with Dynamic Link Libraries (DLL).

From Symbian's perspective, the High Court ruling applied the less restrictive policy of the European Patent Office on software patents, therefore allowing the patent. From the UK IPO's perspective, the ruling was a mistake because the High Court wrongly applied previous case law, and it has announced an appeal to rectify this mistake. The Society of Computers & Law news page has a good summing up of the story, as does BBC News.

In terms of the subject of the patent application, whether or not Symbian's new DLL technology could or should be patentable is a moot point. DLL technology has been used by operating systems for a very long time; since the earliest days of Windows and no doubt in other operating systems too (here, my techie knowledge fails me!), and it is difficult to see what particular technical advance Symbian could have made. Andres over at Technollama is not shying away from an opinon on the issue.

Until the judgment on the appeal is given (don't hold your breath, it will be some time), uncertainty over the patentability (or extent of patentability) of software in the UK will continue. Even after that, the technical test for patentability for software will be probably still be beyond the understanding of all except patent agents and barristers specialising in the area.

Full post as published by IMPACT on March 25, 2008 (boomark / email).