Patent decision

BL number

O/464/20

Concerning rights in

GB1612864.7 GB1612865.4

Hearing Officer

Mr P Mason

Decision date

15 October 2020

Person(s) or Company(s) involved

Adobe Systems Incorporated

Provisions discussed

1(2)(c)

Keywords

Excluded fields (refused)

Related Decisions

None

Summary

These applications concern image searching, specifically using machine learning to identify image attributes and to then search for those attributes within other images.

The applicant alleged the inventions make the writing of software easier and make a computer device better by running more effectively because it is easier to program. As such, the applicant drew analogy with Apple’s invention in HTC/Apple.

The Hearing Officer applied the four step test set out in Aerotel/Macrossan and considered the AT&T signposts. He concluded the contribution fell solely within excluded matter. The hearing officer did not agree with the similarity to Apple’s invention. The hearing officer noted a direct comparison with Autonomy and followed the judge’s highly persuasive comments. Accordingly the application was refused as no more than a program for a computer as such.

Full decision O/464/20 313Kb