Judgment
The judgment approved a new four-step test to be used when assessing whether or not an application actually describes an invention. The four-step test is as follows:
- Properly construe the claim;
- Identify the actual contribution;
- Ask whether the contribution falls solely within excluded subject matter; and
- Check whether the contribution is technical in nature.
The second step, that of identifying the contribution, was highlighted as being the most problematic since it may be difficult to determine what the contribution actually is.
Read more about this topic: Aerotel V Telco And Macrossan's Application
Famous quotes containing the word judgment:
“First follow Nature, and your judgment frame
By her just standard, which is still the same;
Unerring Nature, still divinely bright,
One clear, unchanged, and universal light,
Life, force, and beauty must to all impart,
At once the source, and end, and test of art.”
—Alexander Pope (16881744)
“Why, all the souls that were were forfeit once,
And He that might the vantage best have took
Found out the remedy. How would you be
If He which is the top of judgment should
But judge you as you are? O, think on that,
And mercy then will breathe within your lips,
Like man new made.”
—William Shakespeare (15641616)
“The repudiation of the primacy of understanding means the repudiation of the norms of judgment as well, and hence the abandonment of all ethical standards.”
—Johan Huizinga (18721945)