Beta-Testing the “Particular Machine”: The Machine-or-Transformation Test in Peril and Its Impact on Cloud Computing

This Issue Brief examines recent cases addressing the patent eligibility of computer-implemented method claims and their implications for the development of cloud computing technologies. Despite the Supreme Court’s refusal to endorse the machine-or-transformation test as the exclusive patent eligibility inquiry, lower courts have continued to invalidate method claims using a stringent “particular machine” requirement alongside the requisite abstract ideas analysis. This Issue Brief argues that 1) post-Bilski v. Kappos cases have failed to elucidate what constitutes a particular machine for computer-implemented methods; 2) in light of substantial variance among Federal Circuit judges’ Section 101 jurisprudence, the application of the particular machine requirement has become subject to a high degree of panel-dependency, such that its relevance for analyzing software method claims has come under question; 3) notwithstanding the unease expressed by practitioners and scholars for the future of cloud computing patents, the courts’ hardening stance toward computer-implemented method claims will do little to deter patenting in the cloud computing context. Instead, clouds delivering platform and software services will remain capable of satisfying the particular machine requirement and supporting patent eligibility, especially given the possible dilution of the particular machine requirement itself

Physicality in Australian patent law

It is generally understood that the patent system exists to encourage the conception and disclosure of new and useful inventions embodied in machines and other physical devices, along with new methods that physically transform matter from one state to another. What is not well understood is whether, and to what extent, the patent system is to encourage and protect the conception and disclosure of inventions that are non-physical methods – namely those that do not result in a physical transformation of matter. This issue was considered in Grant v Commissioner of Patents. In that case the Full Court of the Federal Court of Australia held that an invention must involve a physical effect or transformation to be patentable subject matter. In doing so, it introduced a physicality requirement into Australian law. What this article seeks to establish is whether the court’s decision is consistent with the case law on point. It does so by examining the key common law cases that followed the High Court’s watershed decision in National Research Development Corporation v Commissioner of Patents, the undisputed authoritative statement of principle in regard to the patentable subject matter standard in Australia. This is done with a view to determining whether there is anything in those cases that supports the view that the Australian patentable subject matter test contains a physicality requirement

Defining Technology for Learning: Cognitive and Physical Tools of Inquiry

This essay explores definitions of technology and educational technology. The authors argue the following points: 1. Educational stakeholders, and the public at large, use the term technology as though it has a universally agreed upon definition. It does not, and how technology is defined matters. 2. For technology in schools to support student learning, it must to be defined in a way that describes technology as a tool for problem-solving. 3. Integration of technology, particularly when paired with teacher-centered practices, has the potential of reinforcing and heightening the negative consequences of a conception of learning that positions students as recipients of knowledge instead constructors of knowledge. Essay concludes with a call for leaders in the field of educational technology to provide guidance by adopting a definition that encapsulates the third point above

The Global Artificial Intelligence Revolution Challenges Patent Eligibility Laws

This Article examines patent eligibility jurisprudence of artificial intelligence in the United States, Europe, France, Japan, and Singapore. It identifies de facto requirements of patent-eligible artificial intelligence. It also examines the adaptability of patent eligibility jurisprudence to adapt with the growth of artificial intelligence

Knowledge practices in design: The role of visual representations as 'epistemic objects'

We use a detailed study of the knowledge work around visual representations to draw attention to the multidimensional nature of `objects'. Objects are variously described in the literatures as relatively stable or in flux; as abstract or concrete; and as used within or across practices. We clarify these dimensions, drawing on and extending the literature on boundary objects, and connecting it with work on epistemic and technical objects. In particular, we highlight the epistemic role of objects, using our observations of knowledge work on an architectural design project to show how, in this setting, visual representations are characterized by a `lack' or incompleteness that precipitates unfolding. The conceptual design of a building involves a wide range of technical, social and aesthetic forms of knowledge that need to be developed and aligned. We explore how visual representations are used, and how these are meaningful to different stakeholders, eliciting their distinct contributions. As the project evolves and the drawings change, new issues and needs for knowledge work arise. These objects have an `unfolding ontology' and are constantly in flux, rather than fully formed. We discuss the implications for wider understandings of objects in organizations and for how knowledge work is achieved in practice

Supporting location-based inquiry learning across school, field and home contexts

Here we explore how technology can be applied to support inquiry learning spanning a range of contexts. The development process of a location-based inquiry learning toolset is presented for a secondary school GCSE Geography project. The design framework used and the process of participatory development is discussed with regard to the co-development of the activities and tools involved in an inquiry project. The lessons learned relate to the formation of a motivational context for the inquiry; the role of personal data collection in the field; the use of bridging representations across field and classroom activities; and the development of flexible, re-usable tools to support and bridge sequences of activities

Wind Turbines In The Landscape: Final Report & Script

The aim of this project was to produce a video film where the visual impact issues associated with current UK wind farms are addressed. The video is targeted to an audience of planners, planning committee members, planning consultants, environmental organisations and the public to assist their consideration of wind farm planning applications. It is also intended that the video be readily available to wind farm developers for use in consultative activities and to accompany their planning applications. It is both timely and appropriate to use video media for the study of this specific environmental issue. This report contains only a brief description of the activities undertaken and a transcript of the final video production