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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Robert Benjamin Franks (Patent) [2005] UKIntelP o02405 (28 January 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o02405.html
Cite as: [2005] UKIntelP o2405, [2005] UKIntelP o02405
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Robert Benjamin Franks [2005] UKIntelP o02405 (28 January 2005)
For the whole decision click here: o02405
Patent decision
- BL number
- O/024/05
- Concerning rights in
- GB 0017217.1
- Hearing Officer
- Mr A Bartlett
- Decision date
- 28 January 2005
- Person(s) or Company(s) involved
- Robert Benjamin Franks
- Provisions discussed
- PA Patents Act 1977 Section 1(2), 130(7)
- Keywords
- Excluded fields (refused)
- Related Decisions
- None
Summary
The application provides a computer system for the online filing of trademark applications. Goods and services are presented for selection from a predetermined list - in a preferred embodiment a 'drop-down' menu - within a user interface. A computer server processes the selected data and a trade mark application is filed, with commensurate benefits of reduced labour and delay.
As well as arguing for consistency with the EPO, TRIPS and previously granted patents, and proposing broader interpretation of 'technical contribution', the crux of Dr Franks argument was that due to the sheer amount of typing required to specify each class of goods and service, e-filing, particularly internationally, was not realistically workable, especially with low-specification equipment. The hearing Officer rejected this, following Fujitsu, stating that neither labour saving advantages nor networked operation were indicative of a technical contribution. Although providing a 'new tool', the computer did not operate in a different way at a technical level.