High Court allows Symbian software patent
The High Court has ruled that the UK Intellectual Property Office should not have refused to patent a Symbian application, potentially extending the patentability of computer programs.


The High Court has overturned a decision by the UK Intellectual Property Office (UK-IPO) to refuse a patent to mobile software firm Symbian earlier this summer.
The UK-IPO refused the patent - for a method of indexing library functions - because it related only to a computer program.
High Court Justice Patten said in the ruling that the case shows the divide between the way the UK-IPO looks at the patentability of computer programs and the way they are viewed by the European Patent Office - which did grant Symbian a patent.
The UK-IPO said in a statement: "When deciding whether this computer implemented invention is patentable, Mr Justice Patten did not apply the so-called "Aerotel/Macrossan test", which was established by the Court of Appeal in an earlier case, in the way intended by the Court of Appeal. This, in UK-IPO's view, has created uncertainty about how the Aerotel/Macrossan test should be applied for inventions of this type."
The UK patent body said it would appeal the High Court's judgement in order to have that issue clarified. However, UK-IPO is now legally obligated to take into account the Symbian judgement when looking at other patent cases.
Get the ITPro daily newsletter
Sign up today and you will receive a free copy of our Future Focus 2025 report - the leading guidance on AI, cybersecurity and other IT challenges as per 700+ senior executives
Freelance journalist Nicole Kobie first started writing for ITPro in 2007, with bylines in New Scientist, Wired, PC Pro and many more.
Nicole the author of a book about the history of technology, The Long History of the Future.
-
M&S suspends online sales as 'cyber incident' continues
News Marks & Spencer (M&S) has informed customers that all online and app sales have been suspended as the high street retailer battles a ‘cyber incident’.
By Ross Kelly
-
Manners cost nothing, unless you’re using ChatGPT
Opinion Polite users are costing OpenAI millions of dollars each year – but Ps and Qs are a small dent in what ChatGPT could cost the planet
By Ross Kelly
-
Mobile payments to oust cash and cards
News Microchip and mobile payments will take over by 2020, consultants predict.
By Stephen Pritchard
-
Android snatches over half of smartphone sales in Q3
News Android smashes the competition in the third quarter, as Apple sees an iPhone sales dip.
By Tom Brewster
-
IBM introduces mobile security tech and services
News IBM announces a range of initiatives based around mobile security.
By Tom Brewster
-
Mobile services to hit $1 trillion in revenues
News Gartner has said mobility services will be worth more than $1 trillion a year by 2014.
By Tom Brewster
-
Android 'vying for top spot' by 2014
News Android will be one of the top two operating systems by 2014, according to Gartner.
By Tom Brewster
-
Is Symbian a sinking ship?
News Symbian^4 is make or break time for the troubled platform, Gartner claims, accusing the Symbian Foundation of being oblivious to just how much trouble it is in.
By Martin James
-
Symbian seeks to simplify app development
News Symbian claims to have opened up app development for the platform to creators of any technical ability.
By Tom Brewster
-
Symbian unveils Horizon app store
News Symbian has unveiled its take on the app store, the Horizon publishing system.
By Nicole Kobie