Patentability Of Computer Programs – What Is The Law?

In the UK it has long been established that computer programs are not classed as inventions and lack the inventive step to become patentable¹.

The European Patent Convention (EPC) supports this idea². However, in recent years there has been a clear conflict between the UK Intellectual Property Office (UK IPO) and the European Patent Office (EPO) on the application of the EPC. The EPO have adopted a more lenient approach when it comes to computer programs³, whereas the UK has adopted a strict approach. This has resulted in confusion in this area of law.

In 2006 a joint Judgement was issued in the matters of Aerotel and Macrossan⁴ and a new 4 step test was laid down by the Court to help determine whether inventions involving computer software could be patented.