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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Research Affiliates, LLC (Patent) [2009] UKIntelP o04809 (19 February 2009)
URL: http://www.bailii.org/uk/cases/UKIntelP/2009/o04809.html
Cite as: [2009] UKIntelP o4809, [2009] UKIntelP o04809
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Research Affiliates, LLC [2009] UKIntelP o04809 (19 February 2009)
For the whole decision click here: o04809
Patent decision
- BL number
- O/048/09
- Concerning rights in
- GB 0222239.6
- Hearing Officer
- Mr P Slater
- Decision date
- 19 February 2009
- Person(s) or Company(s) involved
- Research Affiliates, LLC
- Provisions discussed
- PA 1977 Section 1(2)
- Keywords
- Excluded fields (refused)
- Related Decisions
- None
Summary
Summary: The application relates to a method for the construction of a stock market index. In creating the index accounting data found in a standard company annual report and accounts is used to select a particular stock. These stocks are then weighted according to the accounting data to create an index. The main advantage claimed of using this method is to reduce the volatility of the index when compared to an index based on price or market capitalization such as the FTSE , Dow Jones or NASDAQ indices. These indices are based on the market value or capitalization of a particular stock. In these cases the stocks are weighted according to their share price or market value in order to produce an index. The application in hand does not use the market value or capitalization but is based on the use of accounting data found in the company reports or accounts. One example of such data given in the specification is pre-exemption profits. The claimed advantages of using such an index, is that it removes the volatility associated with the use of share prices for example.
The hearing officer held that the invention having failed the third step of the Aerotel/Macrossan [2006] EWCA Civ 1371 test was excluded, as the contribution, related to no more than a business method and made no technical contribution. The application was refused.