John Edward Rose (Patent): IPO 14 Feb 2001

IPO 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.

Judges:

Mr D L Wood

Citations:

O/075/01, [2001] UKIntelP o07501, GB9900566.2

Links:

PO, PO, Bailii

Intellectual Property

Updated: 13 October 2022; Ref: scu.454121