Patents of computer program: technical contents and no human mind involved

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S.Lakshmi Gandhan , Daisy Mui Hung Kee , Maha Senan, Jaya Senan


Computer program is not patentable.  With the inclusion of technical contents patent is granted. All in all, European Patent Office is flexible in granting patent to computer programs.   The courts in England argue otherwise.  Common-Wealth countries have the tendency to accept the decision of UK courts when it comes to patentability of computer programs.  There are two main issues surmounting the court when it comes to the question of patentability, that is, technical contents and non-involvement of human minds.  In U.S, if there is mathematical involvement, patent is not granted, however, it is not going to change such legal principles in U.K courts after the Brexit. Court cases are analysed in the context of computer program patentability.  From the analysis, courts in UK and countries once under the British rule, patentability of computer program follow the precedent set by U.K common being remains the same works must have element of technical contents and without human mind interference.   


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