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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Shaw Pittman LLP (Patent) [2008] UKIntelP o03608 (8 February 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o03608.html
Cite as: [2008] UKIntelP o03608, [2008] UKIntelP o3608
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Shaw Pittman LLP [2008] UKIntelP o03608 (8 February 2008)
For the whole decision click here: o03608
Patent decision
- BL number
- O/036/08
- Concerning rights in
- GB 0524306.8
- Hearing Officer
- Mr R C Kennell
- Decision date
- 8 February 2008
- Person(s) or Company(s) involved
- Shaw Pittman LLP
- Provisions discussed
- PA 1977 section 1(2)
- Keywords
- Excluded fields (refused)
- Related Decisions
- None
Summary
The invention was for a method of analysing and displaying business operations in the context of an outsourcing operation, on the basis of user input concerning the processes involved, the elements subject to the processes, and the actors assigned to the processes and elements. Although claimed as a method of controlling a display, the hearing officer did not accept that there was any contribution in the control of the electrons in a CRT which could form the basis of a patentable claim analogous to Halliburton [2006] EWHC 1623 and to the control of a robot in Touch Clarity (BL O/198/06). Applying the test in Aerotel [2006] EWCA Civ 1371 and refusing the application, the hearing officer held the contribution to be excluded as a computer program and as the presentation of information, but was doubtful whether the business method exclusion applied (except possibly to some subsidiary claims) since the invention was analytical tool for informing subsequent outsourcing decisions rather than a way of running a business or outsourcing operation.