Patentability of computer programs in UK confirmed by Courts and Patent Office

While the European Parliament has rejected the ‘Computer Implemented Inventions Directive’, the Patents Court has reconfirmed in Halliburton Energy Services Inc v Smith International (North Sea) Ltd and another [2005] EWHC 1623 (Pat) and in the matter of Patent Applications GB 0226884.3 and 0419317.3 by CFPH LLC, that, in the UK, software which shows a technological effect, and has the capability of being applied in industry, will be treated as patentable subject matter.

The Patents Court declared on 21 July 2005 that Halliburton's two disputed patents relating to the computerised process of design for drill bits were invalid, because they did not provide a sufficient explanation of how to perform the invention, and were directed to unpatentable subject matter. In the 84 page judgement however, Pumfrey J stated that if the detail of the patent claim had been phrased in a sufficiently detailed enough manner to explain the technological innovation and industrial application of the