Patent decision

BL number

O/024/05

Concerning rights in

GB 0017217.1

Hearing Officer

Mr A Bartlett

Decision date

28 January 2005

Person(s) or Company(s) involved

Robert Benjamin Franks

Provisions discussed

PA Patents Act 1977 Section 1(2), 130(7)

Keywords

Excluded fields (refused)

Related Decisions

None

Summary

The application provides a computer system for the online filing of trademark applications. Goods and services are presented for selection from a predetermined list - in a preferred embodiment a 'drop-down' menu - within a user interface. A computer server processes the selected data and a trade mark application is filed, with commensurate benefits of reduced labour and delay.

As well as arguing for consistency with the EPO, TRIPS and previously granted patents, and proposing broader interpretation of 'technical contribution', the crux of Dr Franks argument was that due to the sheer amount of typing required to specify each class of goods and service, e-filing, particularly internationally, was not realistically workable, especially with low-specification equipment. The hearing Officer rejected this, following Fujitsu, stating that neither labour saving advantages nor networked operation were indicative of a technical contribution. Although providing a 'new tool', the computer did not operate in a different way at a technical level.

Full decision O/024/05 51Kb