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:

    “Such condition of suspended judgment indeed, in its more genial development and under felicitous culture, is but the expectation, the receptivity, of the faithful scholar, determined not to foreclose what is still a question—the “philosophic temper,” in short, for which a survival of query will be still the salt of truth, even in the most absolutely ascertained knowledge.”
    —Walter Pater (1839–1894)

    “The order of the world is always right—such is the judgment of God. For God has departed, but he has left his judgment behind, the way the Cheshire Cat left his grin.”
    —Jean Baudrillard (b. 1929)

    “I [Boswell] ... insisted that admiration was more pleasing than judgment, as love is more pleasing than friendship. The feeling of friendship is like that of being comfortably filled with roast beef; love like being enlivened with champagne. JOHNSON. “No, Sir; admiration and love are like being intoxicated with champagne; judgment and friendship like being enlivened.””
    —Samuel Johnson (1709–1784)