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
Famous quotes containing the words appeal to, appeal, house and/or lords:
“[The Republican Party] consists of those who, believing in the doctrine that mankind are capable of governing themselves and hating hereditary power as an insult to the reason and an outrage to the rights of men, are naturally offended at every public measure that does not appeal to the understanding and to the general interest of the community.”
—James Madison (1751–1836)
“You can’t write about people out of textbooks, and you can’t use jargon. You have to speak clearly and simply and purely in a language that a six-year-old child can understand; and yet have the meanings and the overtones of language, and the implications, that appeal to the highest intelligence.”
—Katherine Anne Porter (1890–1980)
“It will be difficult for me not to make sport for the Philistines by pulling down a house or two, since when I once take pen in hand, I must say what comes uppermost, or fling it away.”
—George Gordon Noel Byron (1788–1824)
“The lords of life, the lords of life,—
I saw them pass
In their own guise,
Like and unlike,
Portly and grim,—
Use and surprise,
Surface and dream,
Succession swift, and spectral wrong,
Temperament without a tongue,
And the inventor of the game
Omnipresent without name;—”
—Ralph Waldo Emerson (1803–1882)