8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): August 16, 2010

VICON INDUSTRIES, INC.

(Exact name of registrant as specified in its charter)

New York	1-7939	11-2160665
(State of Incorporation or Organization)	(Commission File Number)	(IRS Employer Identification No.)

89 Arkay Drive, Hauppauge, New York	11788
(Address of Principal Executive Offices)	(Zip Code)

(631) 952-2288

(Registrant's telephone number, including area code)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

       [ ]  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

       [ ]  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

       [ ]  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

       [ ]  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

ITEM 8.01    OTHER EVENTS

On August 16, 2010, the Registrant issued a press release, a copy of which is attached hereto as Exhibit 99.1.

ITEM 9.01    FINANCIAL STATEMENTS AND EXHIBITS

     (d) Exhibits

         99.1  Registrant's Press Release dated August 16, 2010

SIGNATURE

     Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Dated:  August 18, 2010

 VICON INDUSTRIES, INC.

By: /s/ John M. Badke

John M. Badke

Senior Vice President, Finance and

Chief Financial Officer

EXHIBIT INDEX

Exhibit                    Description

  99.1                     Registrant's press release dated August 16, 2010

EX-99.1

EXHIBIT 99.1

                                                            FOR IMMEDIATE RELEASE

                                           FOR FURTHER INFORMATION:

Vicon Industries: Joan Wolf: 631/650-6201

                                                                       BlissPR: John Bliss: 212/840-1661

 VICON INDUSTRIES:  U.S. PATENT OFFICE BOARD OF PATENT APPEALS

 AND INTERFERENCES ISSUES DECISION

HAUPPAUGE, NY,  August 16, 2010 – Vicon Industries, Inc. (NYSE: AMEX-VII)

In May of 2003, Vicon, among others, was sued for patent infringement by Lectrolarm Custom Systems, Inc. (Lectrolarm).  In January of 2005, the Company petitioned the U.S. Patent and Trademark Office (USPTO) to reexamine Lectrolarm’s patent believing that the five claims asserted by Lectrolarm against Vicon were invalid.

On February 23, 2007, the USPTO Examiner issued a Final Rejection of the asserted claims in Lectrolarm’s patent, finding the claims invalid over the prior art cited by the Company.  Lectrolarm appealed the USPTO Examiner’s decision to the USPTO Board of Patent Appeals and Interferences (BPAI). In a decision dated August 16, 2010, the BPAI affirmed the USPTO Examiner’s finding of invalidity of two of the claims and reversed the USPTO Examiner’s finding of invalidity of the other three asserted claims.  The BPAI decision in part confirms the Company’s position on invalidity of the asserted claims. The Company also continues to have substantial non-infringement defenses. Ken Darby, CEO of Vicon, said the Company’s attorneys are continuing to study the BPAI’s decision.

Vicon Industries, Inc. designs, engineers, assembles, and markets a wide range of video and access control systems and system components used for security, surveillance, safety, communication and process control purposes by a broad group of end users worldwide.

This news release contains forward-looking statements that involve risks and uncertainties.  Statements that are not historical facts, including statements about the adequacy of reserves, estimated costs, Company intentions, probabilities, beliefs, prospects and strategies and its expectations about expansion into new markets, growth in existing markets, enhanced operating margins or growth in its business, are forward-looking statements that involve risks and uncertainties.  Actual results and events may differ significantly from those discussed in the forward-looking statements and the Company undertakes no obligation to publicly update or revise any forward-looking statements.