Patent decision

BL number
O/057/19
Concerning rights in
GB2490817
Hearing Officer
Mr B Buchanan
Decision date
28 January 2019
Person(s) or Company(s) involved
Masimo Corporation
Provisions discussed
Patents Act 1977 Sections: 1(1), 1(2), 3
Keywords
Claim construction, Excluded fields (refused), Inventive step
Related Decisions
None

Summary

This decision considers the issue of whether patent application GB1212698.3 is excluded from patentability as a program for a computer and/or a method for doing business. The Hearing Officer also considered whether the claims define an inventive step including whether they define separate integers which provide a mere collocation of features. The application claims a wellness analyser having two modes of operation: a diagnosis mode and a simulation mode for analysing the health of a patient on the basis of information from sensors and databases. The Hearing Officer applied the Aerotel/Macrossan test and considered the signposts laid out in HTC v Apple and decided that the contribution made by the invention fell solely within excluded subject matter. The Hearing Officer assessed the obviousness of the claims under Windsurfing/Pozzoli and found that they did define an inventive step and that the integers were synergistically linked.

The application was refused as no more than a program for a computer and a method for doing business as such. Three sets of auxiliary claims were considered and also found to be excluded from patentability.

Full decision O/057/19 PDF document836Kb