Patent decision

BL number
Concerning rights in
Hearing Officer
Mr J Elbro
Decision date
1 June 2007
Person(s) or Company(s) involved
Fisher-Rosemount Systems Inc
Provisions discussed
PA Act 1977 Section 1(2)
Excluded fields (allowed), Excluded fields (refused)
Related Decisions
O/148/07, O/149/07, O/151/07, O/152/07


The application related to a process control system which used program objects corresponding to components of the process to provide information to an operator, in terms of an overview of the process operation. The hearing officer followed the four-step approach to the assessment of patentability under section 1(2) approved by the Court of Appeal in Aerotel/Macrossan [2006] EWCA Civ 1371 in determining whether the invention was excluded from patentability. He held that claims to a workstation with the objects stored on it were excluded as claims to a computer program, but claims to a process control system comprising the objects were held not to be excluded provided the claims were clarified to indicate the nature of the information provided.

Full decision O/150/07 PDF document60Kb