The words ‘as such’ in s1(2) have given rise to two different approaches, explored in cases concerning the patentability of computer programs and biotechnological inventions. The leading case on biotechnology inventions is Genentech, which is dealt with below: it is referred to in the following cases on computer software. (a) The application can be considered without the excluded matter. If the application is for a computer with a program running on it, the court must consider whether the machine itself adds anything to the state of the art. If the invention’s novelty and inventiveness resides entirely in the program, no patent will be granted. An example of this approach is found in Re Merrill Lynch’s Application [1989] RPC 561 (CA) in the Patents Court, which concerned a data processing system for making a trading market in securities. The program used a known computer system programmed in a standard language. Claim 1 read:
2020 ◽
Vol 2
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pp. 22-32
1974 ◽
Vol 13
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pp. 125-140
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2020 ◽
2010 ◽
Vol 24
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pp. 569-573