Patent decision

BL number

O/057/15

Concerning rights in

GB0917689.2

Hearing Officer

Mr H Jones

Decision date

4 February 2015

Person(s) or Company(s) involved

Senergy Holdings Limited

Provisions discussed

Section 1(2)(c)

Keywords

Excluded fields (refused)

Related Decisions

None

Summary

The application relates to a method of computationally modelling production from a subterranean region with reference to a wellbore and surrounding formation, such as may be encountered in oil and gas exploration and production. The modelling typically provides simulations which predict the flow of oil, water and/or gas flow from a formation, using a viscous resistance parameter. The examiner concluded that the invention did not meet the requirements of section 1(2) predominantly on the grounds of the actual contribution being a computer program.

The hearing officer applied and referenced Aerotel/Macrossan, Symbian and Halliburton. He found that the contribution did not lie in a mental act or mathematical method. He found that the contribution lay in a computer program which did not perform a task which was both specific and external to the computer. Hence, it was found that, without further amendment of the claims, the application was excluded, since the actual contribution was not technical in nature.

As parts of the application include description in the context of a design process and evaluating optimum well geometry, the hearing officer found that there was scope for the actual contribution to be redefined as a method of design. This would provide a technical actual contribution as in Halliburton. Hence, the decision identifies the possibility of an amendment, which would then be subject to further processing under section 18.