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Patent decision

BL number
O/170/09
Concerning rights in
GB0521120.6 and GB0608130.1
Hearing Officer
Mr P Marchant
Decision date
18 June 2009
Person(s) or Company(s) involved
BlackLight Power Inc
Provisions discussed
Patents Act 1977 Sections 1(1)(c) and 14(3)
Keywords
Industrial application, Sufficiency
Related Decisions
O/114/08

Summary

The applications relate respectively to a plasma reactor and a laser, both dependent for their operation on a “new hydrogen species” which involves the electron in the hydrogen atom existing in a lower energy state than the lowest possible energy state recognised in standard physics. The applications were refused in decision O/114/09 on the basis that the underlying scientific theory (referred to as GUTCQM) was not a valid one. The matter was referred back to the Office on appeal, the learned judge requiring the Office to consider the question “Whether there is a reasonable prospect that on a full investigation with the benefit of expert evidence GUTCQM will turn out to be a valid theory.” The hearing officer found there was not a reasonable prospect of that eventuality and refused the applications.

Full decision O/170/09 PDF document216Kb