Patents Act 1977: Patentability of Mental Acts

1. This notice replaces the guidance given to patent examiners in paragraph 8 of the practice notice "Patents Act 1977: Patentability of Computer programs" issued on 8 December 2008.

The scope of the Mental Act exclusion

2. Following the decision of HHJ Birss QC in Halliburton's Applications [2011] EWHC 2508 (Pat) examiners will now take a narrow view of the mental act exclusion. In future, claims which specify that the invention is implemented using a computer will not be considered to be excluded from patentability as a mental act.

Office guidance and enquiries

3. Any enquiries about this notice should be made to:

Nigel Hanley +44 (0) 1633 814746

Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom

Sean Dennehey
Director of Patents
Intellectual Property Office

17 October 2011