UK software patents – Get with the program

Computer-implemented inventions feature in almost every field of technology, and although improvements to computer-based devices are routinely made in software, the circumstances in which patent protection is available remains unclear. The patentability of software varies considerably from jurisdiction to jurisdiction. Worryingly, there are variations in form, if not in substance, between patent offices working from the same legal source. Against the background of a sea change in the US position, there is the prospect of a clarification of the European Patent Office approach that will provide a platform for consistency in Europe. This paper focuses on the UK position, highlights the tension between the UK and the EPO and considers the key questions before the EPO's Enlarged Board of Appeal.