Aerotel V Telco and Macrossan's Application - Judgment

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:

    In every one of us there are two ruling and directing principles, whose guidance we follow wherever they may lead; the one being an innate desire of pleasure; the other, an acquired judgment which aspires after excellence.
    Socrates (469–399 B.C.)

    The impulse to perfection cannot exist where the definition of perfection is the arbitrary decision of authority. That which is born in loneliness and from the heart cannot be defended against the judgment of a committee of sycophants. The volatile essences which make literature cannot survive the clichés of a long series of story conferences.
    Raymond Chandler (1888–1959)

    The objects of a financier are, then, to secure an ample revenue; to impose it with judgment and equality; to employ it economically; and, when necessity obliges him to make use of credit, to secure its foundations in that instance, and for ever, by the clearness and candour of his proceedings, the exactness of his calculations, and the solidity of his funds.
    Edmund Burke (1729–1797)