Patent decision

BL number

O/938/22

Concerning rights in

GB1617637.2

Hearing Officer

Dr L Cullen

Decision date

28 October 2022

Person(s) or Company(s) involved

Endura Limited

Provisions discussed

Patents Act 1977; section 1(2)(c)

Keywords

Excluded fields (allowed)

Related Decisions

None

Summary

This invention concerns optimising the aerodynamic efficiency of an athlete by modelling the effects on the aerodynamics of this athlete, of the articles of clothing and of the features of the planned route

The Hearing Officer (HO) followed the four step Aerotel test to determine whether there was a technical contribution. The HO, taking note of the judgements in Halliburton and PTKWO while applying the AT&T signposts as modified in HTC, found that, in this instance, the first of the signposts suggested a technical effect . The HO considered the contribution of the invention as a whole and concluded that simulating the best article to use for the proposed route based on the characteristics of the cyclist and the clothing apparel and then selecting this article to wear was indeed a technical process

The HO concluded that the claims presently on file do not define a program for a computer excluded from patentability under section 1(2)(c).

The application was remitted to the examiner for further processing.

Full decision O/938/22 297Kb