Decision Nº O/361/17 from Intellectual Property Office - (Patent decisions), 31 July 2017
| Judge | Dr J E Porter |
| Date | 31 July 2017 |
| Administrative Decision Number | O/361/17 |
| Patent Number | GB1314647.7 |
| Parties | Jethro Bennett |
BLO/361/17
31 July 2017
APPLICANT
Jethro Bennett
ISSUE
Whether patent application GB1314647.7 complies
with section 1(1)(b) and 1(2)
HEARING OFFICER
J E Porter
DECISION
Introduction
1 Patent application GB1314647.7 was filed on 15 August 2013, with a claim to priority
of 15 December 2012. It was published as GB 2 508 950 A on 18 June 2014.
Following examination and correspondence with the applicant, the examiner remains
of the view that the claimed invention is not inventive and concerns nothing more
than an aesthetic creation and the presentation of information. The matter therefore
came before me at a telephone hearing on 12 April 2017. The applicant, Mr Jethro
Bennett, represented himself. The examiner Mr Conal Clynch and an observer Mr
John Hewet were also present, and I was assisted by Ms Eleanor Wade.
The application
2 The invention concerns branded eyewear. The eyewear takes the general form of a
pair of glasses, but in place of lenses it has strut members which extend horizontally
across the left and right orbital frames. The eyewear also has oversized wings (or
arms) providing space for branding to be applied. The eyewear is designed to be
branded with colours, logos, patterns or typefaces which represent or are associated
with a particular brand, team, event, company, character or sports personality.
3 Amended claims 1 to 17 were filed on 16 March 2015. Additional claims 18 to 28
were filed on 15 June 2016, to be considered in addition to the existing claims on file.
In total, there are five independent claims. Claim 1 reads:
A shutter eyewear apparatus, comprising:
an orbital frame, the orbital frame itself comprising a left orbital aspect and a right orbital
aspect;
multiple strut members within the orbital aspects; and
two oversized wings, the wings having a width of at least 12mm at any point along a length of
the wings;
wherein there is provided a longitudinal worded element along one wing, wherein the
longitudinal element is a player name, the player name provided in a font substantially
mimicking player name font on a team strip.
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