Patent decision

BL number

O/681/18

Concerning rights in

GB1012376.8

Hearing Officer

Mrs C L Davies

Decision date

30 October 2018

Person(s) or Company(s) involved

Attomarker Limited.

Provisions discussed

PA 1977 Section 14(3)

Keywords

Sufficiency

Related Decisions

None

Summary

The application relates to a system for determining/distinguishing different infections in a patient after surgery, by measuring certain biomarkers characteristic of complement cascade pathways. The Hearing Officer concluded that the skilled team was not able to determine/distinguish the infections present with any degree of certainty, as the disclosure merely provides statements for assigning patients to infection groups without providing the skilled team with evidence to show that the assignments are anything but speculative. The disclosure was concluded to be an invitation to test a hypothesis and did not enable the skilled team to perform the invention across its scope. As no allowable amendment could be made to overcome this deficiency the application was refused for failure to comply with section 14(3).

Full decision O/681/18 223Kb