Patent decision

BL number
Concerning rights in
Hearing Officer
Mr H Jones
Decision date
14 December 2018
Person(s) or Company(s) involved
Hitachi, Ltd.
Provisions discussed
Section 1(2)(c)
Excluded fields (allowed)
Related Decisions


The application relates to computer-implemented method for managing a construction site whereby measurement data corresponding to a real-time three-dimensional representation of a construction site is acquired using a measuring device, such as a laser scanner. The measurement data corresponds to completed and partially completed constructions, as well as associated scaffolding, tools and non-installed items that may be deposited around the construction site. This measurement data is compared with design data, corresponding to a model of the construction, in order to extract non-design data from the measurement data which corresponds to the scaffolding, tools and non-installed items which are present in the construction site during the construction process. In this manner, it is possible to identify non-design items that are present in the construction filed but that are not part of the design data.

The Hearing Officer dismissed the applicant’s suggestion that any invention relating to the management of a construction site is inherently technical but did agree that, in this particular case, a system of alerting the user to congestion on a construction site and prompting the user to take remedial action did provide a technical contribution. The Patent Court’s judgment in PKTWO was referred. The Hearing Officer remitted the application to the examiner for further examination.

Full decision O/809/18 PDF document73Kb