For the whole decision click here: o05507
Summary
The application relates to determining the popularity of various websites, broadcasting channels etc according to certain criteria, eg audience demographics. As described, a user receives “media data” from such sources through a network- connected computer which monitors and pre-processes the data to provide micro reports for sending over a network to a reporting system. By pre-processing the data on users’ computers, the volume of data transmitted to a central server is reduced.
Applying the four-step approach to the assessment of patentability under section 1(2) approved by the Court of Appeal in Aerotel/Macrossan [2006] EWCA Civ 1371, the hearing officer concluded that that the claimed invention is excluded from patentability under section 1(2) as a computer program as such and therefore fails step (3) . For completeness he also looked at step (4) since the applicant had argued that the invention introduced a technical benefit. He concluded that the reduction in data flow in the present invention is simply a consequence of a reduction in the volume of information being transmitted - rather than resulting from any new technique for transmitting data. Accordingly the invention would also fail step (4).
He could see no subject matter in the application that could be used to remedy this and refused the application under section 18(3).