Patent decision

BL number

O/645/22

Concerning rights in

GB2108138.5

Hearing Officer

Mr B Buchanan

Decision date

29 July 2022

Person(s) or Company(s) involved

Wei Xu

Provisions discussed

Patents Act 1977, section 1(2)(c)

Keywords

Excluded fields (refused)

Related Decisions

O/646/22

Summary

The application is one of nine divisionals which use mobile devices, servers and a wireless network to enable transactions and communication in different environments. The claimed invention defines a system which enables a customer to order from a menu in a restaurant, the order to be communicated to a waiter, and the customer to provide a barcode for the waiter to scan to effect a discount. The issue to be decided was whether the claims defined excluded subject matter. In arguing that the invention provided the requisite technical contribution, the Agent referred to a number of precedents and office decisions and argued that the claimed invention solved a problem using a new arrangement of hardware. The Hearing Officer applied the four stepAerotel/Macrossantest and considered theAT&Tsignposts.The contribution was found not to provide the required technical effect and the claimed invention was found to relate solely to a program for a computer and a method for doing business as such, so the application did not meet the requirements of section 1(2)(c). The application was refused under section 18(3).

Full decisionO/645/22  390Kb