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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> John Edward Rose (Patent) [2001] UKIntelP o07501 (14 February 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o07501.html
Cite as: [2001] UKIntelP o07501, [2001] UKIntelP o7501
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John Edward Rose [2001] UKIntelP o07501 (14 February 2001)
For the whole decision click here: o07501
Patent decision
- BL number
- O/075/01
- Concerning rights in
- GB9900566.2
- Hearing Officer
- Mr D L Wood
- Decision date
- 14 February 2001
- Person(s) or Company(s) involved
- John Edward Rose
- Provisions discussed
- PA 1977 sections 1(1), 1(2), 4(1), 4(2)
- Keywords
- Excluded fields (refused), Inventive step
- Related Decisions
- None
Summary
A method of stimulating performance in which an externally generated stimulus under the control of the user was used to recall performance visualised under hypnosis was held to fall within 'among other things' excluded from patentability by section 1(2). Following the reasoning of Pension Benefit Systems Partnership [2000] T 0931/95, even though the method related to an excluded invention, an apparatus for carrying out the method was an invention within the meaning of section 1(1). However, given that the technical features of the apparatus were functionally defined with reference to the non-patentable method and the method provided the only driving force for bringing together the individually known components of the claimed combination, the apparatus was held not to involve an inventive step.