Patent decision

BL number
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)
Industrial application, Sufficiency
Related Decisions


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