Uncertainty for computer program patents after the Astron Clinica and Symbian judgments of 2008

Abstract

The decision of the High Court in Astron Clinica Limited and others v The Comptroller General of Patents, Designs and Trade Marks(1) in January 2008 by the Honourable Mr. Justice Kitchin aligns the United Kingdom patent office with the European patent office(2), by overturning the practice of rejecting computer programs patents. The importance of this case was confirmed by the practice note released on the 7th of February 2008 by the UK patent office which indicated that the decision would not be appealed. However, the area is by no means settled with the decision in Symbian in March 2008 casting uncertainly on the Astron Clinica decision and the Aerotel/ Macrossan four step test.