Lawyers herald software patent victory

Symbian ruling could boost UK software development

Leading law firms have heralded a recent High Court ruling as a "major boost " for the UK's software industry.

Smartphone operating system maker Symbian brought the case to the High Court, after the UK Intellectual Property Office (IPO) reject one of its patent applications.

Following the appeal hearing, the judge upheld Symbian’s claim that the IPO was wrong to reject applications for software-based innovations.

UK lawyers have been wrangling over the contentious issue of the ability patent software development for some time. Recent rulings had suggested that software-related inventions were not patentable quite simply because they were programs for computers.

In his judgment Mr Justice Patten noted that the UK-IPO's decision in this case illustrates the divide which exists between the UK-IPO and the European Patent Office (EPO) about how the patentability of inventions involving computer programs is assessed. Although the UK-IPO refused Symbian’s patent application, the EPO has granted Symbian a patent for its invention.

"Before today’s ruling I would have been able to patent a new software algorithm which makes my kitchen toaster work better, but not an algorithm which improves how my computer works, despite the fact many people sit and use computers at work all day every day. This ruling now goes some way to help improve this situation," said Nick Wallin, patent attorney at Withers & Rogers, who acted for Symbian during the appeal.

"This ruling has begun the catch-up process for the UK’s software industry, which can now begin to capitalise on its R&D strengths," he added.

But in a statement, the IPO said it believed the judge had no applied the so-called 'Aerotel-Macrossan' test, which was established by the Court of Appeal in a previous software patent case. It will now appeal the latest judgement and seek clarification from the Court of Appeal.

“An Appeal of this judgment is welcome, should it result in a much more cohesive treatment of software patents in the UK, and one that is more in accordance with European practice," said Dr. John Collins, Partner at Marks & Clerk.