Re: [Fsfe-uk] Upcoming swpat ruling in UK?

[Alex Hudson]

First reports from the hearing in the High Court:

http://ipkitten.blogspot.com/2007/11/software-patents-at-high-court.html

Some interesting arguments pro-software patents: the "dormant technical
effect" thing looks like it might have legs, but is really the same
argument as before wrt. technical effects.

The EPC 2000 argument - that any decision in the UK might be exported
into the rest of Europe - does seem to be really shaky. My reading of
EPC 2k 105a-c seems to be about the patent holders being able to limit
the claims of their patent centrally, and can only be requested by the
patent holder themselves. IP Kat also seems mystified by this. Perhaps
there is a really clever technical argument in there, though.

The slightly worrying comment is that it seems that this could get
referred to the House of Lords. I think that can only happen if the
Lords accept the case, and I'm not totally sure why the High Court would
refer the case there anyway - you usually can't skip the Court of
Appeals unless you're really Speshul.

However, it does seem that there is a push for re-examination of this
issue somewhat soon. 

Cheers,

Alex.