tag:blogger.com,1999:blog-5574479.post382903452330257293..comments2024-03-29T13:59:42.629+00:00Comments on The IPKat: Software patents at the High CourtVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5574479.post-69475062350925593582007-11-29T17:41:00.000+00:002007-11-29T17:41:00.000+00:00Many thanks to the anonymous commenter above (NF, ...Many thanks to the anonymous commenter above (NF, perhaps?). I understand the argument that a court <B>might</B> order limitation of an EP patent under the new EPC2000 provisions, but I don't think the argument in relation to claims currently only invalid in the UK is a very strong one. I don't see any sensible UK judge ordering computer program product claims to be cancelled for all territories when they are only invalid under a UK interpretation of the law. Until we get a decision from the Enlarged Board one way or the other, I don't really see any way forward. Of course, I may be proved wrong once this case reaches its natural conclusion.David Pearcehttps://www.blogger.com/profile/02336561458060095886noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-63998187823276283322007-11-29T13:32:00.000+00:002007-11-29T13:32:00.000+00:00To assist the IPKat on the EPC 2000 point, section...To assist the IPKat on the EPC 2000 point, section 3(1) of the Patents Act 2004 amends section 63 of the Patents Act 1977 by introducing the following section into the law in respect to of partially valid patents:<BR/><BR/><I> (4) The court or the comptroller may also grant relief under this section in the case of a European patent (UK) <B> on condition that </B> the claims of the patent are limited to its or his satisfaction by the European Patent Office at the request of the proprietor. </I><BR/><BR/>Although the section 4 only refers to limitation of a European Patent (UK), Article 105b paragraph 3 provides that any decision to limit a European patent at the EPO <I> “shall apply to the European patent in all the Contracting States in respect of which it has been granted.”</I><BR/><BR/>Thus if the Court rules that claims to computer readable media are not permitted in the UK and a European Patent (UK) with such claims were to be enforced in the UK courts relief for infringement could be made conditional on filing for central limitation at the EPO with the effect that the proprietor lost those claims throughout Europe.<BR/><BR/>Filing separate claims at the EPO just for the UK under rule 138 EPC would not appear to be an option since the implementing regulations only permit different claims in different states where the EPO is informed of national prior rights and not on the basis of differences between national interpretations of the EPC.<BR/><BR/>Of course none of these problems arise if the UK courts follow the lead of the Bundesgerichtshof in <I>Suche fehlerhafter Zeichenketten </I> GRUR Int. 2002, 323 (also available in English in IIC 2002,753) and conclude that a proper interpretation of the term <I>"computer program as such"</I> permits claims to computer programs where the programs when executed solve a technical problem.Anonymousnoreply@blogger.com