Patent decision

BL number

O/025/05

Concerning rights in

GB 0011245.8

Hearing Officer

Mr A Bartlett

Decision date

28 January 2005

Person(s) or Company(s) involved

Robert Benjamin Franks

Provisions discussed

PA.1977 Section (1)(2)(c)

Keywords

Excluded fields (refused)

Related Decisions

None

Summary

The application relates to a computer system for enabling the input of data relating to trade mark applications. A user is able to input details of the applicants identity, the trade mark being applied for and account details for the applicant via a computer terminal. He can also select the country or countries and the classes of goods and services for which protection is sought from displayed data which includes cost information. Finally an electronic message confirming the inputted data is generated and sent between various computer resources in the system. In the embodiment described this confirmation message is an electronic filing receipt issued by a trade marks office upon receipt of an electronically filed application.

Some of the applicants arguments centered around the following points: The UK office should be consistent with the EPO's interpretation of the EPC; the TRIPS agreement; technical aspect; the definition (Interpretation) of technical; consideration of other granted patents; reducing delays and errors; making data input easy; real time processing. The hearing Officer held that for an otherwise excluded item to be patentable it had to make a technical contribution and that Fujitsu did not support the case that a technical aspect was sufficient.

It was held that the invention claimed in the specification did not involve any technical contribution and therefore the application was excluded from patentability as a method of doing business and a program for a computer as such.