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 (refused)
Related Decisions
O/148/07, O/149/07, O/150/07, O/151/07


The application related to a process control system which used a two tier database of objects corresponding to elements of the process and process flow modules. 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 the contribution defined by the claims was the two-tier database, and that therefore they were excluded from patentability as they related to a computer program as such.

Full decision O/152/07 PDF document55Kb