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UK Lords could tilt software patent laws

UK Lords could tilt software patent laws

In a major development to a story previously reported on IPR Online, Australian software producer, Neal Macrossan, announced this week that he is seeking appeal proceedings at the House of Lords over a UK Court of Appeal rejection of his attempt to patent a Web-enabled software package.

His filing for an online method of gathering company formation documents was turned down by the Court on 27 October. A Lords decision contrary to the Court’s ruling could trigger a change in the UK’s controversial laws on software patents.

Mr Macrossan commented: ‘There is an issue of law here that affects not just me, but all sorts of interested parties. And unlike the Court of Appeal, the House of Lords is not bound by any previous decisions, including its own. I am very pleased to be represented before the House by a team with such a wealth of experience in this area of the law.’

Macrossan’s representative at Marks & Clerk, Dr John Collins, said: ‘This is an area of great public interest, especially given the failure of the EU directive on computer-implemented inventions to restore a pan-European consensus. Moreover, the Court of Appeal’s referral to the Enlarged Board of Appeal is an illustration of the level of discomfort surrounding the divergence between the UK and European approach to inventions of this nature and the recognition of intellectual property. We hope this significant case brings to an end some of the confusion, where the EU directive and continued divergent IP practices have failed.’

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