UK IPO Decides Against Appeal to House of Lords

No Attempt by UK IPO to Reverse Symbian Appeal Judgement

Following a relatively recent decision of the Court of Appeal of England, Wales and Northern Ireland, the UK Intellectual Property Office (UK IPO) has decided not to appeal the decision to the House of Lords (the highest appellate court in the UK).

A review of Computer Implemented Inventions (CIIs) has been requested by the President of the European Patent Office (EPO) by a referral to the Enlarged Board of Appeal of the EPO due to a perceived divergence in case law of the EPO Boards of Appeal. The UK IPO, like the Court of Appeal, feels that it would be premature for the House of Lords to consider this matter before the EPO sinks its teeth into it (if it decides to do so). This means that, for the moment, the Court of Appeal judgement stands and certain types of software-based inventions implemented on a general-purpose computer, amongst other types of hardware, can be patented in the right circumstances.