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

[Jonas Maebe <jonas.maebe@ugent.be>]

On 17 nov 2004, at 11:55, Steve Probert wrote:

> 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.

I forwarded this information to Reinier Bakels 
(http://www.ivir.nl/staff/bakels.html, which currently seems to be 
down), and he replied the following:

***
In the UK, the grant of software patents is subject to the same rules as
applied by the EPO.
There is an extensive explanation on this subject at 1.25 in
http://www.patent.gov.uk/patent/reference/mpp/ss1-6.pdf
Somewhere in the UK Patent Statute it says that UK judges *must* take 
EPO
TBA decisions into consideration as if it were UK case law (I can't 
find the
section right now).
***

Could you elaborate on this?

Thanks,


Jonas