Patent decision

BL number
Concerning rights in
GB0519497.2, GB0618038.4, GB0402252.1, GB0508596.4, GB0622273.1 and GB0423105.6
Hearing Officer
Mr P Marchant
Decision date
4 July 2007
Person(s) or Company(s) involved
Astron Clinica Limited, Cyan Holdings Plc. SurfKitchen Inc, Inrotis Technologies Limited, Software 2000 Ltd.
Provisions discussed
PA Act 1977 Section 1(2)
Excluded fields (refused)
Related Decisions


This decision is concerned with claims to computer programs for carrying out patentable methods; sometimes called “program on a carrier” claims. For many years, such claims have been allowed under the Patents Act. However, following the Aerotel and Macrossan case in the Court of Appeal, the Office issued a practice notice which gave its interpretation of the judgment as disallowing claims of this sort. The hearing officer considered the issue of program claims in these six applications, in the light of UK court judgments since Aerotel and Macrossan and in the light of European practice, and found that they should be disallowed.

Full decision O/185/07 PDF document66Kb