Patent decision

BL number

O/0729/25

Concerning rights in

GB2105321.0

Hearing Officer

Dr L Starrs

Decision date

5 August 2025

Person(s) or Company(s) involved

Anthony Thomas James

Provisions discussed

Patents Act 1977 section 1(1)(b)

Keywords

Inventive step

Related Decisions

None

Summary

The application concerns remote tracking of worksite markerboards deployed on a railway. The claims provide a method of tracking worksite markerboards such that responsible personnel involved in ensuring a worksite is appropriately marked can remotely verify the correct placement and removal of the markerboards to protect personnel from oncoming trains and other assets on the railway. An impasse had been reached on whether the claims comprised an inventive step. At issue was also the allowance of discretionary extensions of the period in which to put the application in order. The hearing officer considered the obviousness of the claims, applying the Windsurfing/Pozzoli test. The hearing officer concluded that the claims lacked an inventive step over prior art showing remote displaying of trackside marker beacons and common general knowledge of safety protocols around the correct deployment of worksite markerboards. Having reviewed the application, the hearing officer could find no saving amendment. The hearing officer found it unnecessary to consider whether the discretionary extensions of time should be allowed as the claims under consideration had been amended before the expiry of the as-of-right extended period. The application was refused.

Full decision O/0729/25 277Kb