Merrell Lynch's Application

JurisdictionEngland & Wales
Date1989
CourtCourt of Appeal (Civil Division)
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
204 cases
  • Symbian Ltd v Comptroller General of Patents
    • United Kingdom
    • Court of Appeal (Civil Division)
    • October 8, 2008
    ...that the fourth stage would normally be unnecessary, but that it was effectively mandated by the earlier decision of this court in Merrill Lynch's Application [1989] RPC 561. This underscores an important point, namely that the decision in Aerotel did not purport to represent a new departu......
  • Aerotel Ltd v Telco Holdings Ltd; Macrossan's Patent Application (No.0314464.9)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • October 27, 2006
    ...art lies in excluded subject matter, it is not patentable. [10] The majority 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 T208/84 Vicom/Computer......
  • CFPH LLC's Applications
    • United Kingdom
    • Chancery Division (Patents Court)
    • July 21, 2005
    ...to Article 52 of the Convention. 32 With respect, I believe it was a category mistake of that order that led to the controversy in Merrill Lynch's Application [1988] RPC 1 and [1989] RPC 561, C.A. fuelled by Genentech's Patent [1987] RPC 553 and [1989] RPC 147, C.A. 33 Indeed, it cannot be......
  • Halliburton Energy Services Inc. v Smith International (North Sea) Ltd
    • United Kingdom
    • Chancery Division (Patents Court)
    • July 21, 2005
    ...as anyone who has looked at some of the results will agree. The majority 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 re......
  • Request a trial to view additional results
1 firm's commentaries
  • English High Court Confirms Computer Program Claims Are Legitimate
    • United States
    • Mondaq United States
    • February 8, 2008
    ...Interpretations In a brief survey of the decisions of the English Courts in Genetech's Patent [1989] RPC 147, Merrill Lynch's Application [1989] RPC 561, Gale's Application [1991] RPC 305, Fujitsu's Application [1997] RPC 608 and Aerotel/Macrossan, the judge concluded he could find nothing ......
8 books & journal articles
  • INTELLECTUAL PROPERTY LAW IN SINGAPORE: A GENERAL OVERVIEW1
    • Singapore
    • Singapore Academy of Law Journal No. 1992, December 1992
    • December 1, 1992
    ...E.P.O.R. 66. 193 See Chartered Institute of Patent Agents, C.I.P.A. Guide to the Patents Act (3rd ed., 1990) at pp. 5—9. 194 [1989] R.P.C. 561. 195 It has been argued that the fact that the claim “involves a method of doing business should no more create an automatic exclusion from patentab......
  • Intellectual property protection for software: A global perspective and lessons for development and reform in Nigeria
    • South Africa
    • South African Intellectual Property Law Journal No. , February 2020
    • February 12, 2020
    ...or alleged contr ibution is actual ly technical in nat ure.’ The principle was base d on earlier cases: Merill Lynch’s Applicati on [1989] RPC 561, Gale’s application [1991] RPC 305 and Fujitsu`s Application [1997] R PC 608. Fu rther, see R Bakels ‘Soft ware Patentabilit y: What Are the Rig......
  • OPEN SOURCE SOFTWARE DEVELOPMENT AND PATENT LITIGATION: FROM THEORETICAL RISKS TO REALITY.
    • United States
    • Rutgers Computer & Technology Law Journal Vol. 48 No. 1, March 2022
    • March 22, 2022
    ...See id. (53) See Computer Related Invention/VICOM, [1987] OJ EPO 14, (1986) T208/84, [1987] 2 EPOR 74; Merrill Lynch Inc's Application [1989] RPC 561; Gale's Application [1991] RPC 305; Fujitsu Limited's Application [1997] RPC 608. In short, for software to be patentable, it must produce so......
  • The new "problem" of business method patents: the convergence of national patent laws and International Internet transactions.
    • United States
    • Rutgers Computer & Technology Law Journal Vol. 28 No. 1, March 2002
    • March 22, 2002
    ...33 F.3d 1526, 1557 (Fed. Cir. 1994)). (158.) Study, supra note 147, at 27 (citing the English case of Merrill Lynch's Application [1989] R.P.C.561 (C.A.), which rejected the patentability of a business method factually similar to the patent approved in State Street (159.) Id. at 20. (160.) ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT