Patent decision

BL number

O/764/22

Concerning rights in

GB2108136.9 & GB2108137.7

Hearing Officer

Mr B Buchanan

Decision date

6 September 2022

Person(s) or Company(s) involved

Wei Xu

Provisions discussed

Patents Act 1977, sections 1(1)(b), 1(2)(c), 3

Keywords

Excluded fields (refused)

Related Decisions

None

Summary

The applications are two of nine divisionals which use mobile devices, servers and a wireless network to enable transactions and provide services in different environments. The issue to be decided in each case was whether the claims define excluded subject matter and provide an inventive step. The applications were heard together as they relate to similar inventive concepts and the arguments and objections are likewise similar. In both inventions a backend server acts as a -�broker-�. By providing verification and communication via the backend server, security and access are allegedly enhanced. In arguing these points, the Attorney referred to the prior art, a number of precedents and office decisions and argued that the claimed invention was non-obvious and solved a problem using a new arrangement of hardware. The Hearing Officer applied the Windsurfing/Pozzoli and Aerotel/Macrossan tests and considered the AT&T signposts. The claims were found to be inventive but not to provide the required technical effect and to relate solely to a program for a computer and a method for doing business as such, so the applications did not meet the requirements of section 1(2)(c). The applications were refused under section 18(3).

Full decisionO/764/22  435Kb