We are delighted to announce that, following success in this year's UK Finals examinations, both Iain Russell and Joanna Winwood have passed all of their exams to qualify as Registered Patent Attorneys.
Wednesday 29 April 2009
Hot off the press: CIPA's submission on Enlarged Board of Appeal Referral (G3/08)
The Chartered Institute of Patent Attorneys ("CIPA") has just submitted an amicus curiae brief on one of the most anticipated Enlarged Board of Appeal Referrals in recent years; G3/08. G3/08 concerns the patentability of computer-implemented inventions, although its effects could overspill into other areas of excluded matter, as discussed in CIPA's submission.
The brief will be appearing shortly on the EPO's website, along with numerous other briefs submitted by interested parties, at the following link: http://www.epo.org/patents/appeals/eba-decisions/referrals/pending/briefs.html.
Iain Russell, one of our Registered Patent Attorneys who specialises in computer-implemented inventions, sits on CIPA's Computer Technology Committee has been involved in the preparation of the brief. Iain studied various recent and older decisions of the Enlarged Board (so-called "G-Decisions") to assess both the treatment of patentability in general and also the Enlarged Boards' willingness or otherwise to depart from established case law and EPO practice.
CIPA's position is to argue that the current procedure of the EPO for assessing computer-implemented inventions should be maintained since it gives predictability to applicants and the public at large. The current approach is that there is a fairly low hurdle for overcoming 'exclusion' from patentability under A.52(2) and (3) EPC. The claims must have 'technical character', although this may be as a result of claiming a computer, a computer storage medium or even method steps which are carried out on such technical means. However, in line with A.56 EPC, the invention must provide a non-obvious technical solution to a technical problem.
Brookes Batchellor LLP welcomes CIPA's submission and agrees that predictability for applicants and third parties is paramount for the effectiveness and credibility of the European patent system.
If you have any queries relating to the referral itself or to the patentability of computer-implemented inventions, please contact one of our patents specialists.
The brief will be appearing shortly on the EPO's website, along with numerous other briefs submitted by interested parties, at the following link: http://www.epo.org/patents/appeals/eba-decisions/referrals/pending/briefs.html.
Iain Russell, one of our Registered Patent Attorneys who specialises in computer-implemented inventions, sits on CIPA's Computer Technology Committee has been involved in the preparation of the brief. Iain studied various recent and older decisions of the Enlarged Board (so-called "G-Decisions") to assess both the treatment of patentability in general and also the Enlarged Boards' willingness or otherwise to depart from established case law and EPO practice.
CIPA's position is to argue that the current procedure of the EPO for assessing computer-implemented inventions should be maintained since it gives predictability to applicants and the public at large. The current approach is that there is a fairly low hurdle for overcoming 'exclusion' from patentability under A.52(2) and (3) EPC. The claims must have 'technical character', although this may be as a result of claiming a computer, a computer storage medium or even method steps which are carried out on such technical means. However, in line with A.56 EPC, the invention must provide a non-obvious technical solution to a technical problem.
Brookes Batchellor LLP welcomes CIPA's submission and agrees that predictability for applicants and third parties is paramount for the effectiveness and credibility of the European patent system.
If you have any queries relating to the referral itself or to the patentability of computer-implemented inventions, please contact one of our patents specialists.
Subscribe to:
Posts (Atom)
