Patent decision

BL number

O/199/18

Concerning rights in

GB1513016.4

Hearing Officer

Dr J Houlihan

Decision date

28 March 2018

Person(s) or Company(s) involved

Adobe Systems Incorporated

Provisions discussed

Section 1(2)

Keywords

Excluded fields (refused)

Related Decisions

None

Summary

The invention relates to a method for creating a unified user profile drawing data from two different computer networks, such as social media networks. Data from a target network B is pre-processed in advance of receiving a target user query to generate a set of clusters. Upon receipt of a user query relating to an online user profile on a network A, the clusters on network B are segmented based upon a profile feature. A set of candidate user profiles are used to identify a “match candidate” on network B. A unified user profile is then generated that includes features from the user profile on network A and the single match candidate profile on network B. Applying the Aerotel test and the AT&T signposts, as modified in HTC Europe CO Ltd v Apple Inc [2013] EWCA Civ 451, the hearing officer held that the claimed invention related to a computer program, as such, and consisted entirely of excluded matter. He was of the view that it did not relate wholly to a method of doing business.

The applicant made submissions after the hearing in relation to Re. Landmark Graphics Corporation (BLO/112/18), published after the hearing. In that case, the hearing officer had said, in effect, in line with Re. Macrossan v Comptroller-General of Patents [2006] EWHC 705 (ch) that where an applicant makes a reasonable case and that there is reasonable doubt that an invention is not patentable the applicant should be given the benefit of the doubt. In the instant case the hearing officer said he had no doubt that the invention was not patentable. The application was refused.

Full decision O/199/18 99Kb