Halliburton wins software patentability appeal

According to patent attorneys Withers & Rogers, the decision makes it possible for businesses to obtain patent protection in the UK for various computer implemented design and simulation tools, among other things, which may have previously been blocked by some specific UK exclusions.

Halliburton had filed several patent applications relating to a computer-aided design and simulation system, which it had developed for designing drill bits in order to pursue mining, or oil and gas operations.

Objections were raised by the UK Intellectual Property Office (UKIPO) and the application was subsequently rejected on the grounds that the design and simulation method could be performed mentally by an appropriately skilled engineer, and fell within the ‘mental act’ exclusion from patentability.

Following an appeal hearing in the High Court in July, HHJ Birss QC ruled yesterday that the ‘mental act’ exclusion should be construed narrowly, such that it applies in part to various specialist forms of mental arithmetic, or to memory improvement techniques.