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ARTICLE · 08 FEBRUARY 2008

English High Court Confirms Computer Program Claims Are Legitimate

McDermott Will & Emery
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English High Court decision on computer program claims moves the United Kingdom into line with European Patent Offices.

United StatesLitigation, Mediation & Arbitration
Justin Hill, Ph.D.
Justin Hill, Ph.D.
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English High Court decision on computer program claims moves the United Kingdom into line with European Patent Offices.

On 25 January 2008, the English High Court handed down the decision in Astron Clinica Limited and others v The Comptroller General [2008] EWHC 85 (Pat), which moves the United Kingdom's position on software claims back into line with the European Patent Office (EPO) and other mainland European Offices. This decision clarifies that claims to computer programs are allowable in the United Kingdom provided they meet the general requirements for patentability. Claims are also allowable irrespective of whether or not the code is defined as being recorded on a carrier.

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