Patent decision

BL number
Concerning rights in
GB 0902255.9
Hearing Officer
Dr J E Porter
Decision date
27 October 2011
Person(s) or Company(s) involved
Hewlett-Packard Development Company, L.P.
Provisions discussed
Patents Act 1977 section 1(2)(c)
Excluded fields (allowed)
Related Decisions


The invention concerns image analysis and selection, and in particular concerns a computer-implemented method of selecting an appropriate image for a particular document from a number of ranked images created by analysing colour properties.

The examiner had objected that the invention was no more than a scheme, rule or method for performing a mental act. In light of the recent Patents Court judgment in Halliburton Energy Services Inc’s Applications, in which the mental act exclusion was construed narrowly, the Hearing Officer found that the present invention was not a mental act because it was implemented on a computer. The application was remitted to the examiner.

Full decision O/373/11 PDF document94Kb