- BL number
- O/209/17
- Concerning rights in
- GB1319702.5
- Hearing Officer
- Dr J E Porter
- Decision date
- 28 April 2017
- Person(s) or Company(s) involved
- Logined BV
- Provisions discussed
- Sections 1(2) and 76(2)
- Keywords
- Added subject matter, Excluded fields (refused)
- Related Decisions
- None
Summary
The application related to forecasting oilfield production, based on measured oilfield data. The invention was said to provide a forecasting method which is more direct, accurate and efficient. It uses measured oilfield production data to describe the average behaviour and variability or uncertainty of decline curves which are associated with the data. In particular, an exponential decline curve is created based on oilfield production data, which is expressed as a two dimensional vector. A mean and covariance are determined for that vector, leading to an updated exponential decline curve.
During prosecution, the independent claims were amended to include the additional final step of using the update decline curve to “design or augment production facilities, or plan future well or field development, or shut down unproductive wells”. The discussion in the “Background” to the invention said explicitly that forecasts could be used to take these steps, but there was no explicit disclosure of taking such steps in the discussion of the invention itself. However, the Hearing Officer was satisfied that, when the skilled person read the paragraphs of the Background and Summary of the invention together, that person would see that there was a clear flow of reasoning and explanation, which amounted to a clear implicit disclosure that the improved forecasting method of the invention would be used to take the various actions in relation to oilfield production which prior forecasting methods are used for. The amendments to the claims did not add matter.
On excluded matter, the Hearing Officer followed Aerotel and assessed the contribution made by the invention as being a computer implemented method of forecasting oilfield production, where an exponential decline curve is created based on oilfield production data, the decline curve is expressed as a two dimensional vector, a mean and covariance are determined for that vector, and an updated mean and covariance are determined and used to create an updated exponential decline curve. He concluded that the contribution resided wholly within the definition of a program for a computer and a mathematical method. The application was refused.