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Patents - the Appeal in Comptroller v Emotional Perceptions

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  Jane Lambert Court of Appeal (Lady Justice Nicola Davies and Lords Justices Birss and Arnold)  Comptroller General of Patents, Designs and Trade Marks v Emotional Perception AI Ltd [2024] EWCA Civ 825 (19 July 2024) This was an appeal by the Comptroller-General of Patents, Designs and Trade Marks ("the Comptroller") from the decision of Sir Anthony Mann sitting as a judge of the High Court in    Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2023] [2024] Bus LR 14, [2023] WLR(D) 500, [2023] EWHC 2948 (Ch)) (21 Nov 2023). Sir Anthony had allowed an appeal by Emotional Perceptions AI Ltd ("EPL") against the decision of the hearing officer Phil Thorpe in Re Emotional Perception AI Limited's Application  BL/O/542/22 of 22 June 2022. In that decision, Mr Thorpe upheld the examiner's objection to UK Patent application  GB1904713.3 for a Method of training a neural network to reflect emotional perception and re...

Patents - Reaux-Savonte v Comptroller

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 Contains public sector information licensed under the OG Licence v3.0.    Jane Lambert Patents Court (Daniel Alexander QC)  Reaux-Savonte v Comptroller-General of Patents, Designs and Trade Marks [2021] EWHC 78 (Ch) (22 Jan 2021) This was an appeal by the inventor, Corey Kaizen Reaux-Savonte, against Mr Huw Jones's decision of 19 May 2020 to uphold the examiner's objection to Mr Reaux-Savonte's patent application number GB1520019  for The Genome and Self-evolution of AI (see  Corey Kaizen Reaux-Savonte's application   O/284/20).  The appeal came on before Mr Daniel Alexander QC sitting as a judge of the High Court on 2 Dec 2020. By his judgment which he handed down on 22 Jan 2021, Mr Alexander dismissed the appeal (see  Reaux-Savonte v Comptroller-General of Patents, Designs and Trade Marks [2021] EWHC 78 (Ch) (22 Jan 2021)). The examiner had objected to the application on the ground "that the invention was nothing more than da...

Fintech Patents - Communisis Plc v The TALL Group of Companies Ltd

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  Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke) Communisis Plc v The TALL Group of Companies Ltd and others [2020] EWHC 3089 (IPEC) (17 Nov 2020) This was a claim for patent infringement and a counterclaim for revocation on grounds of obviousness and excluded matter. The action and counterclaim came on for trial before Judge Melissa Clarke on 14 and 15 July 2920. By her judgment of 17 Nov 2020 she found the patent to be invalid and not to have been infringed (see  Communisis Plc v The TALL Group of Companies Ltd and other s [2020] EWHC 3089 (IPEC) (17 Nov 2020). The Parties The claimant was Communisis Plc, the proprietor of UK patent no GB2512450   entitled "A method of generating a payment/credit instrument", the patent in suit.  The defendants were The TALL Group of Companies Ltd and its wholly-owned subsidiaries, Checkprint Ltd, and DLRT Limited.  Each party manufactures cheques, cheque books and cheque fraud prevention systems...

Patents - Lenovo (Singapore) v Comptroller

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Pear-on-willow / CC BY-SA (https://creativecommons.org/licenses/by-sa/4.0) Jane Lambert Patents Court (Mr Justice Birss) Lenovo (Singapore) Pte Ltd v Comptroller General of Patents [2020] EWHC 1706 (Pat) (9 July 2020) This was an appeal from the decision of Mr P Mason, Deputy Director of Patents, in Lenovo (Singapore) Pte Ltd v Comptroller-General   10 Dec 2019 BLO/754/19 upholding the examiner's objection to UK patent application number  GB1603975.2  on the grounds that the invention was excluded from patentability  s.1 (2) of the Patents Act 1977 as a program for a computer and a method for doing business as such.  The appeal was heard by Mr Justice Birss on 24 June 2020.  His lordship delivered judgment in Lenovo (Singapore) Pte Ltd v Comptroller General of Patents [2020] EWHC 1706 (Pat) on 9 July 2020. The Invention The title of the application is  "Selecting a contactless payment card".  The inve...

Software Patents: Adobe Systems Incorporated's Application

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Intellectual Property Office Crown copyright: all rights reserved, reproduced with kind permission of the  IPO Jane Lambert Intellectual Property Office (Mrs C L Davies) Re Adobe Systems Inc.'s Application   O/549/19 19 Sept 2019 This was an appeal by Adobe Systems Incorporated against the examiner's refusal to allow its application for a patent  for a method and system for recommending software actions to create an image and recommending images to demonstrate the effects of software actions to proceed to grant. The examiner objected to the application on the grounds that it was for a program for a computer and a mathematical method within the meaning of s.1 (2) (a) and (c) of the Patents Act 1977. That subsection declares that mathematical methods and programs for computers among other things are not inventions for the purposes of the Act but that declaration is subject to the proviso that it "shall prevent anything from being treated as a...

Software Patents - Lantana v The Comptroller

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Lantana Ltd . ( "Lantana" ) is a California company that offers communication cable services, telephone systems and services and computer and data network services mainly to customers in Southern California . One of the company's employees invented a "method, systems, and computer program products for retrieving a file of machine readable data" for which Lantana applied for patents in the USA and around the world under the Patent Co-operation Treaty. The Invention  The invention is described in the abstract of the application as follows: "A user, wishing to retrieve a file of machine-readable data from a remote machine-readable data storage device, transmits a first e-mail message from a local station to a remote station via a packet switched network. The first e-mail message includes a first machine-readable instruction and a first machine-readable retrieval criterion. The remote station receives the first e-mail message from the packet ...