Government response to the Software Patents petition just published:

See http://www.number-10.gov.uk/output/Page11077.asp

"The Government remains committed to its policy that no patents should exist
for inventions which make advances lying solely in the field of software.
Although certain jurisdictions, such as the US, allow more liberal patenting
of software-based inventions, these patents cannot be enforced in the UK.
The test used to discern between patentable and non-patentable subject
matter in the UK has recently been clarified by the courts, and is applied
rigorously by the Patent Office. Under this test, the true nature of the
advance being claimed in a patent application must be determined, and if
this advance lies solely in the field of software, or another non-technical
field such as methods of doing business, the patent will not be granted. If
the advance being made by an invention does lie in a technical field, it
must also be non-obvious and sufficiently clearly described for the
invention to be reproduced before a patent will be granted by the Patent
Office.
The recently published Gowers Review of Intellectual Property, an
independent review commissioned by the Government, recommended that patent
rights should not be extended to cover pure software, business methods and
genes. The Government will implement those recommendations for which it is
responsible, and will therefore continue to exclude patents from areas where
they may hinder innovation: including patents which are too broad,
speculative, or obvious, or where the advance they make lies in an excluded
area such as software."



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