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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BlackLight Power Inc (Patent) [2009] UKIntelP o17009 (18 June 2009)
URL: http://www.bailii.org/uk/cases/UKIntelP/2009/o17009.html
Cite as: [2009] UKIntelP o17009

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BlackLight Power Inc [2009] UKIntelP o17009 (18 June 2009)

For the whole decision click here: o17009

Patent decision

BL number
O/170/09
Concerning rights in
GB0521120.6 and GB0608130.1
Hearing Officer
Mr P Marchant
Decision date
18 June 2009
Person(s) or Company(s) involved
BlackLight Power Inc
Provisions discussed
Patents Act 1977 Sections 1(1)(c) and 14(3)
Keywords
Industrial application, Sufficiency
Related Decisions
[2008] UKIntelP o11408

Summary

The applications relate respectively to a plasma reactor and a laser, both dependent for their operation on a “new hydrogen species” which involves the electron in the hydrogen atom existing in a lower energy state than the lowest possible energy state recognised in standard physics. The applications were refused in decision O/114/09 on the basis that the underlying scientific theory (referred to as GUTCQM) was not a valid one. The matter was referred back to the Office on appeal, the learned judge requiring the Office to consider the question “Whether there is a reasonable prospect that on a full investigation with the benefit of expert evidence GUTCQM will turn out to be a valid theory.” The hearing officer found there was not a reasonable prospect of that eventuality and refused the applications.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2009/o17009.html