Patent decision

BL number
Concerning rights in
Hearing Officer
Mr R C Kennell
Decision date
28 November 2007
Person(s) or Company(s) involved
The Wandsworth Group Limited
Provisions discussed
PA 1977 Section 1(2)
Excluded fields (allowed)
Related Decisions


The invention was a digital system allowing direct bedside access to services and medical records over a single network by both hospital patients and staff. Applying the test in Aerotel [2006] EWCA Civ 1371, the examiner had considered the contribution over the prior art to be excluded as a computer program or business method because it appeared to be nothing more than a trivial programming step or a decision to provide a particular type of service. However, in the light of amendments proposed at the hearing and subsequently, the hearing officer considered the contribution to be the allowance of direct access by a user at a head end of the system, which included a user server/personal computer at the bedside; this did not lie solely in excluded areas and was technical. The hearing officer therefore remitted the application to the examiner to continue substantive examination.

Full decision O/350/07 PDF document37Kb