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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> eSpeed, Inc (Patent) [2007] UKIntelP o29507 (5 October 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o29507.html
Cite as: [2007] UKIntelP o29507
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eSpeed, Inc [2007] UKIntelP o29507 (5 October 2007)
For the whole decision click here: o29507
Patent decision
- BL number
- O/295/07
- Concerning rights in
- GB 0326276.3
- Hearing Officer
- Mr R C Kennell
- Decision date
- 5 October 2007
- Person(s) or Company(s) involved
- eSpeed, Inc
- Provisions discussed
- PA 1977 section 1(2) GB 0326276.3
- Keywords
- Excluded fields (refused)
- Related Decisions
- None
Summary
Following Aerotel/Macrossan [2006] EWCA Civ 1371, the hearing officer found the contribution of the invention, whether claimed as method or apparatus, to be the display of an interactive trading dialog box in response to user selection of a portion of a graph representing a financial instrument, the dialog box being configured to accept particular trading instructions. He found nothing in the contribution that was not within the computer program and business method exclusions of section 1(2). In particular, he did not accept a claim to a computer system which the applicant proposed by analogy with the claims allowed in the successful Aerotel appeal, distinguishing from Aerotel on the ground that there was no new hardware. The contribution therefore failed the third step of the Aerotel/Macrossan test and it was not necessary to consider whether it was technical in nature. The application was refused.