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English Court Allows Patents For "Complex" Software 132

jonbryce writes "The court of appeal in England has ruled that companies should be granted patents for 'complex' software products. In this particular case, Symbian had written something that makes mobile phones run faster. The court case has received very little attention because of the bank crisis, but it can be appealed to the House of Lords and then the European Court of Justice."
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English Court Allows Patents For "Complex" Software

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  • write to your MP (Score:4, Informative)

    by johnjones ( 14274 ) on Sunday October 12, 2008 @08:40PM (#25349339) Homepage Journal

    seriously what patenting simple things is wrong while complex things are good

    software patents are simply not right for the patent system

    if you live in the UK (only if so)

    write to your MP simply by using this service
    http://www.writetothem.com/

    regards

    John Jones

  • What is the actual technique that the patent is being granted for. If this is something like a compressin algorithm or an application of compression to mobile phones, I call shenanigans on the Judge.

  • UK != England (Score:4, Informative)

    by Anonymous Coward on Sunday October 12, 2008 @08:45PM (#25349379)

    The article was very clear, no wait, extremely fucking clear that this is a UK matter:

    Court ruling strengthens patent protection for UK software

    Technology companies will find it easier to safeguard their innovations in the UK after a court ruled that software should receive wider patent protection.

    The Court of Appeal said today that complex software such as programmes designed to make mobile phones and computers work faster can be patented in the UK.

    Previously, manufacturers could claim commercial exclusivity for their products under copyright laws but had less legal protection for underlying technical processes.

    As a result of the ruling, developers are likely to find it easier to secure approval from the UK's Intellectual Property Office (IPO), which has traditionally been reluctant to grant patents to cover software.

    William Cook, a partner at Simmons and Simmons, said the court's decision would bring the UK's patent regime into line with Europe, which is much more open to granting software protection.

    Confusing England with the UK is like confusing California with the USA. It's especially unforgivable when the correct term is screaming at you from the page and you ignore it and write your own tripe instead. "UK" appears in that article nine times, England not once. Take the hint.

  • Re:UK != England (Score:5, Informative)

    by Anonymous Coward on Sunday October 12, 2008 @08:58PM (#25349515)
  • Re:UK != England (Score:3, Informative)

    by QuantumG ( 50515 ) * <qg@biodome.org> on Sunday October 12, 2008 @09:07PM (#25349599) Homepage Journal

    The article also happens to be wrong. The ruling was made by The Court of Appeal of England and Wales.

  • Re:UK != England (Score:5, Informative)

    by owlnation ( 858981 ) on Sunday October 12, 2008 @09:13PM (#25349663)
    Except... that the Scottish legal system is separate and rulings in English courts do not necessary apply to Scotland, there are also some exceptions for English rulings in Northern Ireland. Thus the use of England is reasonable, though it probably should say England and Wales. In this case, the use of either the UK or Great Britain would be wrong, the summary is mostly correct.
  • Re:Complex? (Score:2, Informative)

    by Anonymous Coward on Sunday October 12, 2008 @09:16PM (#25349685)
    If you read the actual decisions, it's got very little to do with how 'complex' it is, and more to do with whether or not it is 'just an application' or something that has some other extra effect. Also, this has absolutely nothing to do with any jury, and everything to do with judges who have got experience from all areas of life (the High Court has a specific technology division for a reason).
  • Re:Complex? (Score:5, Informative)

    by Alexander Sofras ( 1264020 ) on Sunday October 12, 2008 @09:28PM (#25349781)

    What's even more worrying is that the judgement of the Court of Appeal does not EVEN ONCE mention complexity as an issue. Further, it can't be 'appealed' to the European Court of Justice, only a point of law can be queried there. Also, this case already brings the UK closer in line with the EU regarding software patents, and it's not easy to appeal to the House of Lords - they only hear about 90 cases per year and generally only on areas of law that are important to the public. This case is more of an argument about facts than an argument on a point of law.

    The original High Court decision is here [bailii.org] and the Court of Appeal decision is here [bailii.org].

    Basically, Symbian was denied their patent, which revolves around faster accessing of DLLs (more details of which you can find in my first link). The patent was denied because the patent officer in question argued that what they were patenting was nothing more than a different way to call a DLL's functions and not anything that alters the way the computer's resources are managed. The High Court decided that she (the patent officer) had understated the technical merit and effect of the patent.

    The Comptroller General of Patents then appealed against the decision to grant the previous appeal, bringing us up to the case in the Court of Appeal. The general argument revolves around whether or not what Symbian have patented is merely a computer program or whether it has some additional effect - if it were just a computer program, it would not be patentable. The Court of Appeal more or less restates the edecision of the High Court, adding that the patent is not 'just' a computer program, because it has the 'knock-on effect of the computer working better'.

    Whilst everyone here will have their own view on software patents (largely in consensus here, I imagine), this is a poor summary - although I think that is largely due to the very poor write-up by the Times, which is trying to write in a way that is understandable to regular readers rather than those with a technical background. As stated, patents aren't granted for any old program, but the courts considered this to be more of a software process which improves the way a system runs, rather than a simple program that is executed and terminates. Just how correct they are in this decision is a different matter, but the Court of Appeal decision is not very long at all, for those who are interested.

    Anyway, this case wouldn't have received any news coverage even outside the financial crisis, since it's far beyond the understanding of the average person in this country - and doesn't have anything to do with a potential imminent apocalypse.

  • Re:Complex? (Score:5, Informative)

    by perrin ( 891 ) on Monday October 13, 2008 @02:58AM (#25352051)

    Every computer program can be interpreted to "improve the way a system runs", and therefore be patentable under this theory, which is exactly the point. They have been doing this slimy workaround the "mere program" rule for a long time, arguing that the invention is a combination of software and hardware components (because software has to run on hardware, duh), and it forms the very basis for software patents in the EU.

  • by PinkyDead ( 862370 ) on Monday October 13, 2008 @05:10AM (#25352651) Journal

    A simple trip to Wikipedia (http://en.wikipedia.org/wiki/English_law, 3rd paragraph) would save you a lot of embarrassment in the future.

    English law is most definitely based on precedent. If fact, the reason that American law has precedent is because it is, in turn, based on English law, as are most of the legal systems of the former commonwealth.

    This law might be ultimately decided in the Lords, but that is only if it is appealed. If it is not appealed at this point in time, it may be used a precedent in another case (at which point an possible appeal might also be made).

  • Re:UK != England (Score:1, Informative)

    by Anonymous Coward on Monday October 13, 2008 @08:55AM (#25354011)

    Thus the use of England is reasonable, though it probably should say England and Wales.

    Except that Wales isn't a country.

    [Dons dragon-proof flame suit]

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