Decisions, Judgments, Rulings & Reports

• Patent Office Hearing Decision (22 March 2005)

• High Court Judgment (3 April 2006)

• Court of Appeal Ruling that patentability argument had real prospect of success (26 May 2006)

• Court of Appeal Judgment (Friday 27 October 2006)

• EPO 'search report' (Monday 30 October 2006)

• House of Lords Report (5 February 2007)

Commentaries on the Court of Appeal Judgment

• Revival of Falconer J's expressly overruled ‘contribution approach’ in the Merrill Lynch (High Court) case?

• Internal contradiction re applicability of a single overall approach to the patentability exclusion categories?

• Wouldn’t the application of the Court of Appeal’s 4 step approach to obvious implementations of inventive discoveries violate the 'well established British idea' of the patentability of such implementations?

• Did the Court of Appeal take legally irrelevant considerations into account in its judgment?

• Patentability exclusions to be read narrowly?

• Article 52(2) EPC - "positive categories" or "exceptions to patentability"?

• Does UK law tolerate a ‘degree of unfairness’ in Patent Office hearings?

Commentaries on the House of Lords' refusal to give leave to appeal

• Was the reason given by the House of Lords' Appeal Committee, for refusing to give permission to appeal, objectively supportable?

Second petition to the House of Lords?

Non-referral to EPO Enlarged Board of Appeal

• Letter from Professor Alain Pompidou, President of the EPO, to Lord Justice Jacob of the UK Court of Appeal, dated 22 February 2007 (a full copy, including header, date and signature - not merely the text, the mere text being all that is shown on the website of the UK Intellectual Property Office at http://www.ipo.gov.uk/patent/p-decisionmaking
  /p-law/p-law-notice/p-law-notice-subjectmatter
  /p-law-notice-subjectmatter-letter.htm)

Macrossan's Written Court Submissions

• Skeleton Argument
  (This was the skeleton argument submitted to the Court of Appeal when seeking permission from the Court of Appeal, to appeal the decision of the High Court to the Court of Appeal. And it was the arguments in this skeleton which, in granting permission to appeal to the Court of Appeal, Lord Justice Jacob ruled had a real prospect of success.)

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