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- From: Steve Probert steve.probert@patent.gov.uk
- Subject: [Patents] Technical effect
- Date: Tue, 17 Oct 2000 09:54:08 +0100
>As Britain (which courts?) is already using the same terminology as the
>EPO, I can't see how they could refuse Internet patents of the One-Click
>type.
As I said in an earlier post, I cannot comment on the Amazon One-Click
application currently before the EPO, but I have no difficulty answering your
other questions in more general terms. The courts to which I was referring
were the High Court and the Court of Appeal in London.
The UK Patent Office has no difficulty refusing patent applications for
methods of doing business because it is bound by the decisions of the Courts
in the UK. UK law requires the Office to take notice of decisions of the EPO
Boards of Appeal, but if there is any conflict between the EPO Boards of
Appeal and the UK Courts it must follow the UK Courts. Therefore the UK
Patent Office regularly and consistently (I hope) refuses all applications
for methods of doing business - whatever the technical advance may be. As
the law stands, it would be very difficult not to refuse such applications.
I hope this is helpful.
Steve Probert
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