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:
“Common sense is judgment without reflection, shared by an entire class, an entire nation, or the entire human race.”
—Giambattista Vico (1688–1744)
“So often has my judgment deceived me in my life, that I always suspect it, right or wrong,—at least I am seldom hot upon cold subjects. For all this, I reverence truth as much as any body; and ... if a man will but take me by the hand, and go quietly and search for it ... I’ll go to the world’s end with him:MBut I hate disputes.”
—Laurence Sterne (1713–1768)
“No legislation can suppress nature; all life rushes to reproduction; our procreative faculties are matured early, while passion is strong, and judgment and self-restraint weak. We cannot alter this, but we can alter what is conventional. We can refuse to brand an act of nature as a crime, and to impute to vice what is due to ignorance.”
—Tennessee Claflin (1846–1923)