Computer programs and their exclusion from patentability - HTC Europe Ltd v Apple

The Court of Appeal has recently overturned a decision of the High Court that two of Apple's iPhone-related patents were invalid.  Of particular interest was the "948" patent which related to computer The Court of Appeal has recently overturned a decision of the High Court that two of Apple's iPhone-related patents were invalid.  Of particular interest was the "948" patent which related to computer devices with touch sensitive screens which are capable of recognising single and multiple touch events. 

The Court of Appeal held that Floyd J had incorrectly found that claims 1 and 2 of the "948" patent were invalid because they related to computer programs.  Lord Justice Kitchin was of the view that "the judge took his eye off the ball in focussing on the fact that the invention was implemented in software and in so doing failed to look at the issue before him as a matter of substance not form.  Had he done so he would have found that the problem and its solution are essentially technical in nature and so not excluded from patentability."

The case provides useful guidance going forward on how to answer the question of patentability and makes clear that, just because a computer program is software related, does not necessarily mean it will fall within excluded subject matter.

Please read full discussion on this case here.