14 February 2008
Astron Clinica Ltd and others v Comptroller General of Patents, Designs and Trade Marks [2008] EWHC 85 (Pat), [2008] All ER (D) 190 (Jan)
Claims to computer programmes are not necessarily excluded by Art 52 of the Convention on the Grant of European Patents 1973.
In a case where claims to a method performed by running a suitably programmed computer or to a computer programmed to carry out the method are allowable, then, in principle, a claim to the programme itself should also be allowable (the claim must be drawn to reflect the features of the invention which would ensure the patentability of the method which the programme is intended to carry out when it is run).
