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.

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