[Debian-uk] Symbian get UK patent on linking to a DLL - analysis wanted

[Dominic Sweetman]

> For those interested the text of the appeal is here:
> 
> http://www.bailii.org/ew/cases/EWHC/Patents/2008/518.html

Thanks for the reference.

> ... The conclusion of the appeal was that the patent office had
> followed incorrect procedure in denying the claim...

I think they just disagreed with the PO (the idea of incorrect
procedure is created by a sort of legal politeness).  The PO thought
the claim was blocked by the exclusion on patenting "computer
software"; the court thought it wasn't.

> ... but the court did seem pretty keen on allowing a wide-ranging
> application of software patents IMO.

Yes.  This court chose to interpret the prohibition on the patenting
of computer software in such a way as to leave any innovation in OS or
cross-application library code patentable.  That goes beyond existing
UK precedents.

Presumably, the PO must now reconsider the claim to decide whether it
is novel (it looks like a GOT to me).  But having lost one appeal
they'll feel they need solid evidence to turn it down again.

-- 
Dominic Sweetman
mailto:dom@linux-mips.org