Patent decision

BL number
Concerning rights in
Hearing Officer
Miss J Pullen
Decision date
23 November 2011
Person(s) or Company(s) involved
VB UK IP Limited
Provisions discussed
PA 1977 Sections 1(2)(a), 4(1) and 14 (3)
Excluded fields (allowed), Industrial application, Sufficiency
Related Decisions


The invention relates to a method and apparatus for determining distance of visual fixation based on respiratory data. The basis of the invention is a theory that pressure from the respiratory system is exerted on the rear of the eyeballs and can influence visual capability of an individual. The invention can be used to control items which use auto focus, for example cameras and other optical equipment, games and weapons.

The Hearing Officer considered the evidence and submissions provided by the applicant with regard to sections 1(2)(a), 4(1) and 14(3). The Hearing Officer found the application to lack industrial applicability and sufficiency and so refused the application under Section 18(3).

Full decision O/415/11 PDF document72Kb