English Court Allows Patents For "Complex" Software

jonbryce writes "The court of appeal in England has ruled that companies should be granted patents for 'complex' software products. In this particular case, Symbian had written something that makes mobile phones run faster. The court case has received very little attention because of the bank crisis, but it can be appealed to the House of Lords and then the European Court of Justice."

Comments

Complex?

[quanticle]

I'm not sure how this ruling makes sense, given that the article didn't actually say what the legal definition of "complex" was.

Re:Complex?

[Alexander Sofras]

What's even more worrying is that the judgement of the Court of Appeal does not EVEN ONCE mention complexity as an issue. Further, it can't be 'appealed' to the European Court of Justice, only a point of law can be queried there. Also, this case already brings the UK closer in line with the EU regarding software patents, and it's not easy to appeal to the House of Lords - they only hear about 90 cases per year and generally only on areas of law that are important to the public. This case is more of an argument about facts than an argument on a point of law.

The original High Court decision is here and the Court of Appeal decision is here.

Basically, Symbian was denied their patent, which revolves around faster accessing of DLLs (more details of which you can find in my first link). The patent was denied because the patent officer in question argued that what they were patenting was nothing more than a different way to call a DLL's functions and not anything that alters the way the computer's resources are managed. The High Court decided that she (the patent officer) had understated the technical merit and effect of the patent.

The Comptroller General of Patents then appealed against the decision to grant the previous appeal, bringing us up to the case in the Court of Appeal. The general argument revolves around whether or not what Symbian have patented is merely a computer program or whether it has some additional effect - if it were just a computer program, it would not be patentable. The Court of Appeal more or less restates the edecision of the High Court, adding that the patent is not 'just' a computer program, because it has the 'knock-on effect of the computer working better'.

Whilst everyone here will have their own view on software patents (largely in consensus here, I imagine), this is a poor summary - although I think that is largely due to the very poor write-up by the Times, which is trying to write in a way that is understandable to regular readers rather than those with a technical background. As stated, patents aren't granted for any old program, but the courts considered this to be more of a software process which improves the way a system runs, rather than a simple program that is executed and terminates. Just how correct they are in this decision is a different matter, but the Court of Appeal decision is not very long at all, for those who are interested.

Anyway, this case wouldn't have received any news coverage even outside the financial crisis, since it's far beyond the understanding of the average person in this country - and doesn't have anything to do with a potential imminent apocalypse.

Re:UK != England

[Anonymous Coward]

Here is a handy Euler diagram.

Re:UK != England

[owlnation]

Except... that the Scottish legal system is separate and rulings in English courts do not necessary apply to Scotland, there are also some exceptions for English rulings in Northern Ireland. Thus the use of England is reasonable, though it probably should say England and Wales. In this case, the use of either the UK or Great Britain would be wrong, the summary is mostly correct.

Re:Photoshop is Complex

[lysergic.acid]

that's a poor way to grant patents. just because something has market value doesn't make it an innovation or an invention. anything that is useful has market value--especially if you're able to patent it and force others to pay you licensing/royalty fees to use it. the ultimate goal of the patent and copyright system is to promote public good and societal progress. public interest should always be placed above economic interest, not the other way around.

one of the inherent flaws with most patent systems is that once something is patented, even if someone else with no knowledge of the patent filing independently invents the same idea, they will either, be forced to pay royalties to the first inventor, or simply forbidden from using their own invention. it's a means of excluding others from the use of the patented idea, essentially giving the patent holder a monopoly. but why should someone be prevented from implementing an idea they invented independently just because they came up with the idea later? should being born 10 years earlier give a person the right to monopolize an obvious concept?

software patents exacerbate the problem when companies are allowed to patent mathematical algorithms or trivial/obvious functionality. things like UI interfaces, JavaScript popups, portable e-mail, etc. should not be patentable. these patents do not benefit society in any way, and they have hindered technological progress rather than promote it.

at the very least, non-commercial uses of patented ideas should not be prohibited. give the first inventor exclusive rights to commercial the idea, but if someone else comes along and re-invents the same concept for personal use, they should be free to do so. otherwise the patent system is just restricting free expression and stifling innovation.

Oh wow.

[jd]

I took it as meaning "any program that cannot be expressed as an integer, by means of a Turing Machine, but requires an imaginary component".