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ARTICLE · 22 FEBRUARY 2022

Can Weather Warnings Be Patented?

Marks & Clerk
Marks & Clerk
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Marks & Clerk

Marks & Clerk

Marks & Clerk LLP was founded in 1887 by George Croydon Marks, who was joined in partnership by...

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Yesterday I checked the Met Office website for weather warnings in Cambridgeshire to see a bubble of amber covering most of the county.

United KingdomIntellectual Property

Yesterday I checked the Met Office website for weather warnings in Cambridgeshire to see a bubble of amber covering most of the county. This morning, a red warning had been issued with a surprisingly precise boundary between red and amber zones lying between Saffron Walden and Cambridge. On checking again this afternoon, I noticed that the edge of the red warning zone had moved ever so slightly closer to us in the Marks & Clerk Cambridge office. Can prediction of weather warnings and weather forecasting technologies more generally be patented?

There are two ways in which weather forecasting technologies might fall foul of UK and European law on patentability. Firstly, weather predictions rely on complex algorithms and mathematical methods and therefore are governed by the UK patents act section 1(2) which states that a invention consisting solely of "a discovery, scientific theory or mathematical method" shall not be patentable. This was reinforced by the EPO

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