Patent news : Macrossan loses right to appeal

The House of Lords, the highest court in England and Wales, has refused Neal Macrossan leave to appeal, against his application for a patent on his invention for an automated system which enables company formations in the UK.

The case has received many interested readers not least as it was seen as a possible way to clear up any disparities between the UK and European Patent Office treatment of patents for software.

Currently despite the fact that the UK has signed up to the European Patent Convention (EPC), providing for uniform patent laws it is harder to obtain a patent for such inventions.

Mr Macrossan’s legal representatives stated “It is highly surprising that the House of Lords did not consider there to be significant points of law and public interest at stake here, especially given the questions referred to the European Patent Office by the Court of Appeal. Hopefully the EPO will take up the referral and their response to these questions will help us, in time, to establish a pan-European consensus on the patentability of software”.

Much more to come on this I suspect.

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