Patent decision

BL number

O/740/19

Concerning rights in

EP(UK) 2086102, opinions 02/17 & 15/17

Hearing Officer

Mr P Thorpe

Decision date

4 December 2019

Person(s) or Company(s) involved

FRAUNHOFER-GESELLSCHAFT ZUR FÖRDERUNG DER ANGEWANDTEN FORSCHUNG E.V

Provisions discussed

Patents Act Sections 1(1)(a), 76

Keywords

Added subject matter, Novelty, Opinions and Reviews

Related Decisions

None

Summary

The decision relates to a review of two opinions. The proprietor of the patent submits that the examiner has made a clear mistake in his assessment of novelty (opinion 02/17) and of added matter (opinion 15/17) and as a result arrived at conclusions that are clearly wrong. The patent relates to a DC/AC convertor (“inverter”) which converts a direct electrical voltage (DC), especially that provided by a solar generator, into an output suitable for feeding into a grounded network.

The Hearing Officer, applying the principles set out in DLP decided that in neither opinion had the examiner made an error of principle nor reached a conclusion that is clearly wrong. The opinions were therefore not set aside. The Hearing Officer however concluded that action on the comptroller’s own initiative to revoke the patent under section 73(1A) was not justified as the patent was not clearly invalid.

Full decision O/740/19 439Kb