Is It a Judicial Exception

The question of what is patentable subject matter is one that may be easy to answer in theory but which can pose significant hurdles in practice. As detailed in the Guidelines, this question is answered through a two-ste p process that begins with deciding whether or not a claim is directed to a law of nature, a natural phenomenon, or an abstract idea (for simplicity, these shall be collectively referred to as a “Judicial Exception”). Having answered the first question in the affirmative, the next question is whether the claim’s recited elements amount to significantly more than the Jud icial Exception. Either question can, in practice, be difficult to answer with reasonable minds arriving at d ifferent, reasonable, conclusions. For this reason, Ericsson certainly appreciates the aid the Guidelines should provide to both the Applicant and the Examiner.