Patent decision

BL number
O/446/22
Concerning rights in
GB 2107140.2
Hearing Officer
Mr P Mason
Decision date
24 May 2022
Person(s) or Company(s) involved
Perspectum Diagnostics Ltd
Provisions discussed
Patent Act 1977 Section 4A
Keywords
Excluded fields (allowed)
Related Decisions
None

Summary

The invention relates to a method of analysing medical images, such as MRI images, in order to determine a volumetric map of organ health, aligning the derived map to an organ model by image registration, and calculating a viability measure, where the viability measure is provided as a visual indication on a display. The invention finds particular application in liver resection for treatment of primary liver cancers.

The hearing officer considered the EPO Enlarged Board of Appeal decision in G 01/04 and in particular whether the invention required a specific interaction with the human or animal body. The hearing officer observed that, whilst some previous interaction with a human body is inevitable, the method steps do not include any of the aforementioned interaction. As such, he found the invention to be allowable and remitted the case to the examiner.

Full decision O/446/22 PDF document296Kb