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:
“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 (1856–1924)
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—Johan Huizinga (1872–1945)
“Criticism is a study by which men grow important and formidable at very small expense. The power of invention has been conferred by nature upon few, and the labour of learning those sciences which may, by mere labour, be obtained, is too great to be willingly endured; but every man can exert some judgment as he has upon the works of others; and he whom nature has made weak, and idleness keeps ignorant, may yet support his vanity by the name of critic.”
—Samuel Johnson (1709–1784)