spacer
Home
Home
StartFAQResources
About usContact usBookmarkTerms and ConditionsCopyrightFeedbackEmail friend
Internal contradiction re applicability of a single overall approach to the patentability exclusion categories?

The Court of Appeal appears to have contradicted its own thesis about the interpretation of Article 52(2) of the EPC.

At paragraph 9(ii) of the Court of Appeal Judgment, the Court made the following observation about article 52(2) of the EPC-

"One cannot form an overall approach to the categories. They form a disparate group - no common, overarching concept, for example, links rules for playing games with computer programs or either of these with methods for doing business ..."

But the Court of Appeal seemed to go on (at paragraphs 39 to 49 of the judgment) to do just that. Namely, to adopt a single overall approach to the interpretation of the categories.

This overall approach was (or almost was?) the single, structured, four-step test as urged upon the Court by the UK Patent Office.

www.ukcorporator.co.uk


BackContinue