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:
“Some counterfeits reproduce so very well the truth that it would be a flaw of judgment not to be deceived by them.”
—François, Duc De La Rochefoucauld (16131680)
“These are days ... when a great cloud of trouble hangs and broods over the greater part of the world.... Then all about them, all about us, sits the silent, waiting tribunal which is going to utter the ultimate judgment upon this struggle.... No man is wise enough to produce judgment, but we call hold our spirits in readiness to accept the truth when it dawns on us and is revealed to us in the outcome of this titanic struggle.”
—Woodrow Wilson (18561924)
“In the case of our main stock of well-worn predicates, I submit that the judgment of projectibility has derived from the habitual projection, rather than the habitual projection from the judgment of projectibility. The reason why only the right predicates happen so luckily to have become well entrenched is just that the well entrenched predicates have thereby become the right ones.”
—Nelson Goodman (b. 1906)