Today was 101 day.
I’m not kidding.
We had two lectures as well as exercises and legal readings on what kinds of claims do and do not appear to be statutory. We had good clarification of what kinds of claims are judicial exceptions, what kinds are not, and what preempting a judicial exception is. Somehow, throughout the entire lecture, I could actually hear attorneys howling with pain.
We had some interesting examples for the “concrete” criterion, but I won’t use them. As my own example, without reference to potential patentability, choosing beauty contest winners by choosing the most beautiful girl isn’t very concrete. That is, the result isn’t repeatable. Photographing faces of contestants, projecting their faces onto a grid, measuring the symmetry of their faces, and choosing as the winner the contestant with highest measured symmetry, is a repeatable process. Again, these examples are mine, warts and all.
Our lecturer pointed out in the morning that the example answers for signals might have to be revised by the afternoon, since a verdict on that issue is pending.
We discussed transformation of matter, and that printing on a page without modifying the substrate is not considered a transformation that matter. Note: that doesn’t mean that it isn’t statutory. It just means that it doesn’t fall into the category of “transformation of matter.” Storing things in computer memory is also not a transformation of the matter of the computer memory.
We also talked about real-world results, and a bunch of other things I’m sure I’m omitting. I’ll have to go back through my notes to see what else was covered.
Also – I noticed Kim Examiner pointed out that the current group of cadets is going at a “glacial pace” in a comment on the Patently-O blog. Yes, Ms. Examiner, some days go pretty slow. There’s definitely a middle ground somewhere between two weeks of training and eight months. But I did want to set the record straight for anyone who thinks that we’re just doing lectures for eight months – we start doing actual examining at around two months in. After that, our lectures are all MPEP related, and take up much less of our time.
Oh, and Kim? May I call you Kim? Thanks for calling me cute.
(“Bismark, you won’t believe what happened to me on the PatentlyAcademic blog today…”)