Appeal To House of Lords
Citing as reasons a clear divergence in reasoning between the UK courts and the European Patent Office, Neal Macrossan sought leave to appeal the refusal of his patent application to the House of Lords. Within the patent profession it was hoped that a ruling by the House of Lords would clarify the extent to which patent protection is available to computer-implemented inventions. The House of Lords had already tackled fundamental questions such as novelty, inventive step, claim construction and sufficiency during 2004 and 2005.
The House of Lords refused leave to hear the appeal, citing the reason that the case "does not raise an arguable point of law of general public importance".
Some patent attorneys have expressed surprise at this decision since, while the merits of Macrossan's case might have been arguable, it was felt that there are issues with the law that require resolving. Consequently, there is disappointment at this missed opportunity to better establish where the boundary lies between patentable and non-patentable software. The Foundation for a Free Information Infrastructure have expressed the view that the decision of the House of Lords confirms that the correctness of the Court of Appeal.
Read more about this topic: Aerotel V Telco And Macrossan's Application
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