Patent decision
- BL number
- O/170/09
- Concerning rights in
- GB0521120.6 and GB0608130.1
- Hearing Officer
- Mr P Marchant
- Decision date
- 18 June 2009
- Person(s) or Company(s) involved
- BlackLight Power Inc
- Provisions discussed
- Patents Act 1977 Sections 1(1)(c) and 14(3)
- Keywords
- Industrial application, Sufficiency
- Related Decisions
- O/114/08
Summary
The applications relate respectively to a plasma reactor and a laser, both dependent for their operation on a “new hydrogen species” which involves the electron in the hydrogen atom existing in a lower energy state than the lowest possible energy state recognised in standard physics. The applications were refused in decision O/114/09 on the basis that the underlying scientific theory (referred to as GUTCQM) was not a valid one. The matter was referred back to the Office on appeal, the learned judge requiring the Office to consider the question “Whether there is a reasonable prospect that on a full investigation with the benefit of expert evidence GUTCQM will turn out to be a valid theory.” The hearing officer found there was not a reasonable prospect of that eventuality and refused the applications.
Full decision O/170/09 
216Kb
