• INTELLECTUAL PROPERTY RIGHTS

U.S. FED. CIRCUIT COURT OF APPEALS

In Re Bilski

Standards applicable in determining whether a claimed method constitutes a patent eligible subject matter under 35 U.S.C § 101

Plaintiff-Applicant filed patent claim in respect of a method of hedging risk in the field of commodities trading. Patent-Examiner rejected the claim as not patent-eligible subject matter under 35 U.S.C. § 101 on ground that the invention of the Applicant is not implemented on a specific apparatus but merely manipulate an abstract idea. On appeal, Board of Appeal also rejected Applicant's claim holding that Applicants' patent claims did not produce a "useful, concrete and tangible result and but was merely an abstract idea which is ineligible for patent protection. Hence, present appeal. Whether Applicants' invention as claimed meets the requirements for patent eligible subject matter set forth in § 101. Held, a claimed process is patent-eligible if it is either tied to a particular machine or apparatus, or it transforms a particular article into a different state or thing i.e. the claimed process has a practical application of a fundamental principle to transform specific data. In the instant case, applicants' proposed process was neither tied to a particular machine nor transformative of any physical article, and therefore, is not eligible for patent protection

IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION)

Patentability of software patents

Symbian Ltd v Controller General of Patents

The proceedings concerned the patentability of a method of accessing data in a dynamic link library device. The Patent Office took the position that Art 52(2)(c) European Patent Convention, as qualified by Art 52(3) EPC, has the effect of excluding from patentability any program unless it has a novel effect outside the computer. Thus, a program, which contained a method for carrying out a new procedure, or representing a better way of carrying out an existing procedure, would be patentable in principle, unless the effect of the procedure was solely within the computer itself. However on appeal, Court of Appeal held that computer software would be patentable where there is a technical contribution even if that contribution is within the computer and not an external effect. Thus, a method of accessing data in a dynamic link library in a computing device was not excluded from registration under Sec 1(2)(c) of the Patents Act 1977 on the ground that it related to a computer program "as such", since it involved a technical contribution to the prior art which would enable computers and related devices to work faster and more reliably.

• CIVIL

IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION)

Hussain v Chief Constable of West Mercia Constabulary

Whether stress related symptoms sufficient to constitute material damage

Claimant-taxi driver reported numerous incidents with members of public to police; however, no sufficient response came from the police. As a result of dissatisfaction with police response, Claimant brought claim for misfeasance in public office and contended that he suffered related stress and anxiety due to the same, which was an injury sufficient to complete the tort. Whether stress related symptoms sufficient to constitute material damage? Held, Transient physical symptoms caused by stress or anxiety did not constitute either psychiatric or physical injury so as to amount to material damage for the purposes of the tort of misfeasance in public office.