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21 February 2008
Issue: 7309 / Categories: Legal News , Data protection , Other practice areas , Commercial
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Change of approach for computer program patents

Patents

Some computer programs can be patented, the High Court has ruled. The decision in Astron Clinica Ltd and others v Comptroller General of Patents, Designs and Trade Marks has prompted the UK Intellectual Property Office (UK-IPO) to change its approach to patents for computer programs.

I t says it will not appeal against Mr Justice Kitchin’s ruling that patents should be allowed to protect a computer program if the program implements a patentable invention.

The law on patentable subject matter in the field of computer-implemented inventions was substantially reinterpreted by the Court of Appeal in 2006, in Aerotel Ltd v Telco Holdings Ltd and others; Re Macrossan’s Application. Followingthat judgment, UK-IPO concluded that claims to computer programs or to programs on a carrier were not allowable.

However, in Astron, a group of patent applicants successfully argued that if their computer-implemented methods and apparatus were patentable, they should also be able to protect the underlying computer programs themselves. Kitchin J said: “I do not detect anything in the reasoning of the Court of Appeal which suggests that all computer programs are necessarily excluded.”

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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