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June 2010

UK Court decisions on priority entitlement
A patent's entitlement to its priority date is often critical to the validity of the patent as it defines the date at which the prior art is assessed. Two UK High Court cases within the last year have considered the law relating to priority, in particular relating to precisely who is entitled to claim priority. This practice note briefly highlights the issues at hand in these cases and makes suggestions for best-practice with regard to ensuring priority entitlement in the UK.

May 2010

Enlarged Board of Appeal finds referral on patentability of software inadmissible
The European Patent Office (EPO) Enlarged Board of Appeal was asked to consider the patentability of computer implemented inventions. The Enlarged Board of Appeal determined that there was no inconsistency in previous board of appeal decisions which would allow the referral. Applicants are therefore unlikely to see any change in procedure at the EPO.

April 2010

Shifting sands of software patentability
This article gives a clear summary of the current approaches of the US Patent Office, the European Patent Office and the UK Intellectual Property Office when examining software patents. It is a useful guide for patent applicants and gives concrete examples.