Re: [Patents] No swpat has ever been upheld in a UK court ?

["Steve Probert" <Steve.Probert@patent.gov.uk>]

James

I can think of one. Gale's application.  Although the UK Patent Office
refused it, the applicant appealed to the High Court and won! Mr Justice
Aldous (as he then was) upheld the patent in the High Court. (Strictly
speaking the patent was still an application because the Patent Office
had refused to grant it. But Aldous J sent the application back to the
Patent Office to be granted.)

Others on this list may be interested to know that the UK Patent Office
appealed against the High Court's decision and the Court of Appeal found
(unanimously) in favour of the Patent Office;  so the patent did not get
granted.

Regards,

Stephen Probert

>>> James Heald <j.heald@ucl.ac.uk> 17/11/2004 09:56:40 >>>
Has a software patent ever been upheld by a UK court?

"In fact, whenever the validity of a software patent has been 
challenged, the UK courts have without exception found the patent to be

invalid".

http://www.legamedia.net/dy/articles/article_14711.php  ;(May 2001)

UK judges have certainly handed down principles on when patents should

be allowed on software.

But does anyone know if this is true, that there is not a single case 
where an actual software patent itself was upheld ?