List of UK Judgments Relating To Excluded Subject Matter - By Subject Matter

By Subject Matter

The following table lists judgments and the different categories of excluded subject matter that are discussed within that judgment. Categories in blue were not discussed in the judgment. Categories in yellow were discussed but not judged on. Categories in green were judged on but the (alleged) invention was found not to fall into that category. Categories in red were judged on and the (alleged) invention was found to fall into that category.

Year Judgment Discoveries Scientific theories Mathematical methods Aesthetic creations Mental acts Playing games Doing business Programs for computers Presentations of information Appeal
1987 Merrill Lynch's Application RPC 1 RPC 561 - upheld, but for different reasons
1987 Genentech's Patent RPC 553 RPC 147
1989 Genentech's Patent RPC 147 None
1989 Merrill Lynch's Application RPC 561 discussed but not judged on discussed but not judged on business method as such discussed but not judged on None
1990 Gale's Application RPC 311 not a mathematical method as such not a computer program as such RPC 305, 317 - overturned
1990 Gale's Application RPC 305, 317 discussed but not judged on mathematical method as such computer program as such None
1991 Wang's application RPC 463
1993 Raytheon's application RPC 427
1997 Fujitsu's Application EWCA Civ 1174 (6 March 1997) discussed but not judged on discussed but not judged on computer program as such None
2005 CFPH LLC's Applications EWHC 1589 (Patents) (21 July 2005) discussed but not judged on discussed but not judged on discussed but not judged on discussed but not judged on business method as such discussed but not judged on discussed but not judged on None
2005 Halliburton Energy Services, Inc. v Smith International (North Sea) Ltd & Ors EWHC 1623 (Patents) (21 July 2005) mental act as such, but correctable defect Appeal filed, but not on this point
2005 Crawford's Application EWHC 2417 (Patents) (4 November 2005) None
2005 Shoppalotto.com's Application EWHC 2416 (Patents) (7 November 2005) None
2009 Tate & Lyle Technology Limited v Roquette Frères EWHC 1312 (Patents) (16 June 2009) Discovery as such None

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