Patent decision

BL number

O/592/20

Concerning rights in

GB 1713132.7

Hearing Officer

Mr S Brown

Decision date

25 November 2020

Person(s) or Company(s) involved

Corey Kaizen Reaux-Savonte

Provisions discussed

PA 1977 Sections 14(3), 1(1)(c) and 4(1)

Keywords

Industrial application, Sufficiency

Related Decisions

None

Summary

The application is concerned with a device which the applicant claims produces a quantum bit which may be used in quantum computing. Following the principles set out in Eli Lilly v Human Genome Sciences, the Hearing Officer identified the invention to be a system for generating quantum bits by superimposing two laser beams on a single sensor. He went on to determine that while the skilled person could learn from the disclosure how to make the device described, he could find no disclosure explaining how the device would create the superposition of quantum states needed to create a quantum bit. Neither could he find any disclosure of how such a bit might be measured even if it were created. He thus concluded that the application was classically insufficient, failing the requirement of section 14(3).

Deciding that there was no invention disclosed that could be worked by a skilled person, the Hearing Office also decided that the application was not capable of industrial application, as required by section 1(1)(c). The application was thus refused.

Full decision O/592/20 334Kb