Gale's Application

JurisdictionEngland & Wales
CourtCourt of Appeal (Civil Division)
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81 cases
  • Symbian Ltd v Comptroller General of Patents
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 8 October 2008
    ...under art 52 of the EPC. Quite apart from what is said in section 130(7) of the 1977 Act, and the “absurdity” (to quote Nicholls LJ in Gale's Application [1991] RPC 305, 323) of a different approach in the United Kingdom Intellectual Property Office (“UKIPO”) from that in the EPO, the dist......
  • Halliburton Energy Services Inc. v Smith International (North Sea) Ltd
    • United Kingdom
    • Chancery Division (Patents Court)
    • 21 July 2005
    ...of the English decisions (in particular, Merrill Lynch [1989] RPC 561 (CA), Fujitsu [1996] RPC 511 (Jacob J) and [1997] RPC 608 (CA), Gale [1991] RPC 305), along with EPO decisions such as T 208/84 VICOM/Computer related invention [1987] EPOR 74 support a ‘contribution’ approach. What ha......
  • Aerotel Ltd v Telco Holdings Ltd; Macrossan's Patent Application (No.0314464.9)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 27 October 2006
    ...have been expressed in other cases too, for instance by Nicholls LJ (with whom the other members of the court agreed) in Gale's Appn. [1991] RPC 305 at p.323, and by Lord Oliver in Asahi's Appn. [1991] RPC 485 at p.540. iv) Moreover by using the text of the Convention the decisions of this......
  • Shopalotto.com Ltd's Application
    • United Kingdom
    • Chancery Division (Patents Court)
    • 7 November 2005
    ...of the English decisions (in particular, Merrill Lynch [1989] RPC 561 (CA), Fujitsu [1996] RPC 511 (Laddie J) and [1997] RPC 608 (CA), Gale [1991] RPC 305), along with EPO decisions such as T208/84Vicom/Computer-related Invention [1987] OJEPO 14, [1987] 2 EPOR 74, support this approach. Th......
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1 firm's commentaries
  • Software Patents in Europe
    • United Kingdom
    • Mondaq United Kingdom
    • 18 September 2002
    ...Fujitsu Limited's Application [1997] RPC 608, Lord Justice Aldous said: "I, like Nicholls LJ [in his judgment in Gale's Application [1991] RPC 305], have difficulty in identifying clearly the boundary line between what is and what is not a technical And, as Mr Justice Aldous, in Wang L......

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