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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> eSpeed, Inc (Patent) [2007] UKIntelP o29507 (5 October 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o29507.html
Cite as: [2007] UKIntelP o29507

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eSpeed, Inc [2007] UKIntelP o29507 (5 October 2007)

For the whole decision click here: o29507

Patent decision

BL number
O/295/07
Concerning rights in
GB 0326276.3
Hearing Officer
Mr R C Kennell
Decision date
5 October 2007
Person(s) or Company(s) involved
eSpeed, Inc
Provisions discussed
PA 1977 section 1(2) GB 0326276.3
Keywords
Excluded fields (refused)
Related Decisions
None

Summary

Following Aerotel/Macrossan [2006] EWCA Civ 1371, the hearing officer found the contribution of the invention, whether claimed as method or apparatus, to be the display of an interactive trading dialog box in response to user selection of a portion of a graph representing a financial instrument, the dialog box being configured to accept particular trading instructions. He found nothing in the contribution that was not within the computer program and business method exclusions of section 1(2). In particular, he did not accept a claim to a computer system which the applicant proposed by analogy with the claims allowed in the successful Aerotel appeal, distinguishing from Aerotel on the ground that there was no new hardware. The contribution therefore failed the third step of the Aerotel/Macrossan test and it was not necessary to consider whether it was technical in nature. The application was refused.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o29507.html