Systems And Methods For Data Evaluation And Classification
[2020] NZIPOPAT 7
Thomson Reuters Enterprise Centre GmbH (17 December 2020)
The invention related to a computer program that provided a graphical user interface in which objects were able to be swiped into category areas.
In New Zealand, an invention relating to a computer program is excluded from patentability, if the actual contribution made by the invention lies solely in the invention being a computer program. Manner of manufacture exclusions apply independently of computer program exclusions
In terms of the actual contribution, it was found that all the invention did was substitute touch and fingertip movement for mouse and keyboard movement. It was found that touchscreen interfaces and computer servers did not operate in a new way or more efficiently. With the contribution lying in the computer program itself the invention was found to be excluded as a computer program as such.
In terms of manner of manufacture, the invention was found to be a mere scheme or plan. The invention was seen to be divorced from the data itself, and not to result in an artificially created state of affairs in the real world.
Obtaining patent protection for user interfaces in New Zealand may be difficult. Whilst the decision did not consider interfaces that operate in a new way, any invention must still be more than a computer program as such. For this reason, there may have to be an improved product in the real world. Caution is to be exercised and advice from a New Zealand attorney is advisable before filing. Further information is available online from the New Zealand Examiner’s manual at https://www.iponz.govt.nz/about-ip/patents/examination-manual/current/computer-programs/. The Examiner’s manual discusses the AT&T signposts.
(Numbering and indentation issues may be present below)
