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Reports of Patent, Design and Trade Mark Cases 2007 124(4):117-161; doi:10.1093/rpc/2007rpc7
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© Crown Copyright

[2007] R.P.C. 7

AEROTEL LTD v TELCO HOLDINGS LTD MACROSSAN'S PATENT APPLICATION

Court of Appeal

(Chadwick, Jacob and Neuberger, L.JJ.): August 3 and 4, October 27, 20061

[2006] EWCA Civ 1371; [2007] R.P.C. 7

Patent—Patentability—Excluded subject matter—Two separate appeals to Court of Appeal—Whether claims to business method—Whether claim to computer program as such—Adoption of "technical effect approach"—Structured approach to statutory test—Proposed questions for consideration for an Enlarged Board of Appeal in the EPO.

Key Words: Business method • Excluded subject matter • Inventions • Patentability • Software • Technical effect • Telecommunications systems • Treaty interpretation

1 Paragraph numbers in this judgment are as assigned by the court.


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