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Simple English definitions for legal terms
Freeman–Walter–Abele test
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A quick definition of Freeman–Walter–Abele test:
The Freeman-Walter-Abele test is an old way of deciding if an invention can be patented. It has two parts: first, it checks if the invention is just a math formula, and second, it checks if the patent would stop other people from using that formula. However, this test is not used much anymore because of a newer court case called State St. Bank & Trust Co. v. Signature Fin. Group.
A more thorough explanation:
The Freeman-Walter-Abele test is a legal test used to determine whether a claimed invention is an unpatentable mathematical algorithm. It is an outdated two-step test that was used in the past but has little applicability today.
The test has two steps:
- Determine whether the algorithm is explicit or inherent in the claim.
- Determine whether a patent would wholly preempt others from using the algorithm.
For example, if someone claimed a new method for calculating the square root of a number, the Freeman-Walter-Abele test would be used to determine whether this method is patentable. If the method is found to be an unpatentable mathematical algorithm, it cannot be patented.
However, the Freeman-Walter-Abele test is no longer widely used. After the State St. Bank & Trust Co. v. Signature Fin. Group case in 1998, the test has little, if any, applicability.