OBTAINING A  PATENT FOR THE UNPATENTABLE

SOFTWARE, BUSINESS METHODS, MATHEMATICAL METHODS, SCIENTIFIC DISCOVERIES, METHODS OF PERFORMING A MENTAL ACT AND METHODS OF TREATMENT OF THE HUMAN OR ANIMAL BODY ARE ALL DEEMED UNPATENTABLE  IN THE EUOPEAN PATENT OFFICE AND THE UK PATENT OFFICE 

Have you made a computer program or business method invention? You probably think that you can obtain a  patent for it just like anything else. There is no patent prohibition on apparatus inventions implemented using a processor and software. Unfortunately there are problems obtaining a patent for computer programs themselves in the European Patent Office and the UK Intellectual Property Office. A similar problem exists in obtaining a patent for "Business Methods" which can have no technical element.

It all depends on what the invention does. Software that controls or contributes to the functioning of an inventive apparatus, or improves computer function or configuration, or processes real world data to produce technical data improvement, can be the subject of a successful  patent in the UK Intellectual Property Office and the European Patent Office.

 If the    computer program simply does what you would expect any computer program would do, it is probably not possible to obtain a patent in the European Patent Office  and the UK Intellectual Property Office. Graphic User Interfaces (GUI.s) and calculating programs, no matter how clever or new, are very hard to patent for this reason, but  character recognition machines are often the subject of a successful  patent in the UK Intellectual Property Office and in the European Patent Office since they are real apparatus operating upon real world data.

In a similar manner, mathematical methods, scientific discoveries, methods of performing a mental act and methods of treatment of the human or animal body are also considered unsuitable matter for obtaining a patent in the UK Intellectual Property Office and the European Patent Office. However, a patent application for a method or system incorporating, exploiting  or relying upon the "unpatentable" element is considered patentable in the UK and the European Patent Office if the apparatus or system can be made the subject of a successful patent, i.e. it is new and inventive and involves a technical element.

Never say never. Please feel free to contact us to  discuss your invention.  All discussions are in strictest confidence. A patent application for a system or apparatus is a possibility in which there may be a technical effect which you may not have yet identified but which we could argue.  We are experienced patent IP attorneys. We are here to help you. 

THE USA

 Even if a successful patent application is not possible in UK Intellectual Property Office or the European Patent Office, all is not lost. Although the UK Intellectual Property Office  and the European Patent Office  are difficult places to patent software and business method inventions, there is no problem in the USA. Software and business method inventions are treated just like any other. The USA is a huge and significant market.  Contact us for advice on the possibilities.

 Contact us for patent advice  and assessment of your invention. All communications are in strictest confidence. Call or Email us for the latest cost or price.