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Patent-Eligibility of Computer-Implemented Inventions – Appeals Court Says an ‘Advance in Computer Technology’ is Required
In a unanimous decision – Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd [2021] FCAFC 202 – a Full Bench of three judges (Middleton, Perram and Nicholas JJ) of the Federal Court of Australia (‘Full Court’) has reversed last year’s ruling by Justice Burley that claims directed to a so-called ‘feature game’ implemented on an electronic gaming machine (EGM) constituted a patent-eligible ‘manner of manufacture’ under Australia law. (A ‘feature game’ is a secondary, or bonus, game triggered by the occurrence of a defined event in the ‘base’ game of spinning reels.) As I explained at the time, Justice Burley applied a two step test, asking firstly whether ‘the claimed invention is for a mere scheme or business method of the type that is not the proper subject matter of a grant of letters patent’ and then – if this question is answered in the affirmative – ‘whether the computer-implemented method is one where invention lay in the computerisation of the method’ as opposed to ‘merely plugging an unpatentable scheme into a computer’. He found the claims to be patentable at the first step, because they were directed to ‘a mechanism of a particular construction’, i.e. a gaming machine.
The Full Court has rejected Justice Burley’s test, with the majority (Middleton and Perram JJ) proposing an alternative two step test (at [26]) which asks firstly whether the claimed invention is ‘a computer-implemented invention’ and then – if so – ‘can the invention claimed broadly be described as an advance in computer technology’. The majority determined that Aristocrat’s EGM, despite being claimed in terms of a combination of hardware and software components, was in substance a computer-implemented invention, and that the asserted contribution of the claimed invention ‘pertains only to the use of a computer’ and not to ‘the development or advance of computer technology’ (at [63]-[64]). As such, they concluded that the claims were not directed to patent-eligible subject matter.
The third judge of the Full Court, Nicholas J, arrived at the same ultimate conclusion, by different reasoning. He agreed with the majority that Justice Burley’s two step test was not the correct approach, because it failed to ‘engage with the Commissioner’s submission that the invention as described and claimed was in substance a mere scheme or set of rules for playing a game implemented using generic computer technology for its well-known and well-understood functions’ (at [135]). However, rather than embarking upon an inquiry as to whether Aristocrat’s claims were directed to a ‘computer-implemented invention’ he simply observed that ‘the substance of the invention, as described and claimed, resides in the game program code which embodies a computer implemented scheme or set of rules for the playing of a game’ (at [138]). He further reasoned (at [140]-[142]) that the game code does not solve any ‘technological problem’, nor does it exhibit any ‘unusual technical effect due to the way in which the computer is utilised’, and therefore that there is nothing ‘about the way in which the game code causes the EGM to operate which can be regarded as having transformed what might otherwise be regarded as purely abstract information encoded in memory into something possessing the required artificial effect.’
While the Full Court found the representative claim at issue to be unpatentable, it did not entirely foreclose the possibility that there may be patent-eligible aspects to the inventions disclosed in Aristocrat’s four innovation patents. The case has been remitted back to Justice Burley to determine any residual issues in light of the Full Court’s judgment.
There are positive and negative aspects to this decision. On the plus side, the approach taken by the majority brings some clarity to the approach to be taken in construing and assessing claims to computer-implemented inventions, which often comprise a physical apparatus defined in terms of (possibly conventional) hardware, configured via software for particular functionality. On the down side, however, the majority also relied upon the existence of ‘an advance in computer technology’ to confer patent-eligibility upon a computer-implemented invention, without providing clear guidance on what, exactly, is covered by this terminology. The decision also perpetuates an uncertainty that exists around the exact role to be played by prior art information in applying the ‘manner of manufacture’ test to assess patent-eligibility.
Read more »3air Ready to Solve Telecommunications Problems in Africa with Upcoming Public Sale
3air will kick off its public sale on November 26, as seen on the presale page.
3air Token Public Sale Details
The platform is building its upcoming public sale on the successful private sale rounds, which saw numerous participants joining. Currently, users register for the public sale and are awaiting Know Your Customer (KYC) and AML verifications.
The platform will sell the token at $0.06 at the public sale, which will offer the initial and final supply of tokens in presale rounds. To enter, you will need a minimum ticket of $600, while the maximum investment opportunity stands at $49,800.
The team securely developed the token on Cardano, utilizing the blockchain's IOHK Atala Prism Identity Management solution.
The platform will dedicate 20% of the 1 billion maximum token supply to the public sale. This allocation differs from the seed sale and private rounds, which represented 1% and 11% of total supply, respectively.
3air provides a detailed breakdown of its token sales. Also, the company believes that the disclosure of the token's distribution is crucial to prevent future supply changes.
The platform reassures its user base that all token distributions run on smart contracts. Therefore, you will receive your tokens once the sale closes automatically through an app on your ADA wallet.
Unfortunately, some countries will not be able to participate in token sales. The US, North Korea, Zambia, Central African Republic, British Virgin Islands, China, Venezuela, Iran and Iraq.
Tapping into Untapped African Markets
Investors have long recognized the African continent as a region full of potential and talent. However, the current lack of broadband internet and its supporting infrastructure causes a digital divide that slows down economic growth.
African cities can grow faster and thrive with more reliable internet connectivity. However, building telecommunication lines and burying fiber network cables requires substantial investments in infrastructure. Currently, internet providers focus primarily on business districts only, and Internet connections are limited and unreliable. A report by the World Bank estimates that it would take over $100 billion of investment and 10 years to achieve widespread broadband connectivity using traditional means.
3air recognizes this need for high speed internet and aims to close the digital divide faster and at lower costs. In a simulation of market potential using Nigeria as an example, 3air estimates that the value of the Nigerian markets' untapped annual revenue for Internet services is worth $60 billion. Establishing more affordable and faster internet connectivity would therefore not only benefit local populations, but token holders as well.
3air uses all these factors as motivation to provide broad premium bandwidth in African cities to previously underserved areas. In this regard, the platform relies on a talented and experienced team of specialists in IT, blockchain, marketing, and telecommunication.
Blockchain technology is leveraged by 3air to provide a trustless, decentralized environment that maintains security and user data protection. Users will be able to create digital identities, enabling access to bankless payments, health, work and education. Internet, TV and IP Telephony subscriptions will be paid for using the 3air token. The token will also be used for bandwidth sharing, HW insurance and maintenance, rewards, referrals, staking and community governance.
Fruitful Partnerships
Besides developing on Cardano, 3air is acquiring more partnerships to drive its vision to completion. One of these strategic collaborations is with the telecom service provider K3 Telecom. The Swiss company's patented technology will develop the broadband connection for 3air using innovative wireless technology that is able to set up high speed internet connectivity in a new region in a matter of months.
Its optic grade air connectivity can provide 1Gbps internet speed and over 150 television channels. The technology, K3 last mile, is ready for the world, utilizing innovative technology, a functional business plan, and a successful proof of concept in Sierra Leone. Other 3air partnerships include collaborations with IT TIM, CV Labs Global, and iceaddis.
These business and technological joint efforts show 3air's commitment to providing Africa with better internet connectivity. Thanks to its innovative projects and ideas, individuals and businesses in African cities will finally upgrade to fast and cost-effective internet services.
Type Of Seed to Buy? Feminized or Auto-flowering
Starting a cannabis farm requires a lot of planning. Not only do you have to plan, but you also require a great deal of determination to see your plant through the seedling, vegetative and flowering stages. Well, don't be scared. You can get your desired plant yield on your first trial if you have just the right information. Over the last few years, many people have started cannabis cultivation. In 2019 alone, the global cannabis cultivation market was estimated to be worth about $123.9 billion. From 2020 to 2027, this value is expected to grow consistently at a compound annual growth rate of 14.3%. This translates to more cannabis cultivation operations and the commercialization of weed products.
Regardless of your purpose for cannabis cultivation, there are steps to follow in cannabis farming. It all starts with selecting the right seed to grow. As one of the oldest plants ever cultivated by man, cannabis has survived centuries of history. Today, there are over 700 strains of cannabis developed through several years of plant study and in-breeding projects. However, all these strains belong to one of the three different types of cannabis seeds categories –regular, auto-flowering, and feminized. Therefore, your first decision as a new cannabis farmer will be to select the right type of seed for you. Making this decision requires a lot of consideration and comparison.
This review has compiled a guide explaining the different cannabis available today and why you should consider planting them.
1. Regular Cannabis Seeds
Regular cannabis seeds are the standard, non-engineered seeds. These seeds have equal chances if emerging into a female or a male cannabis plant. They are not optimized in any way or modified to influence the yield or character of the plant they develop into. Since they can produce male cannabis plants, regular seeds are popular among cannabis farmers who develop new cannabis strains. Pollen produced from the male seeds fertilizes a predetermined female flower, giving birth to a new generation of seeds.
With regular seeds, anything goes. The plant yield and character may be very different across a similar family. They can also exist as Indica-dominant types, Sativa-dominant types, or in high CBD and high THC variants. The regular cannabis seed has genetics traced back to landrace ancestors first cultivated in the mountains of India to the beaches of Jamaica. Many experienced cannabis farmers have also attempted to get improved regular strains from two other regular strains. When these attempts succeed, the new strain expresses the qualities of the parent strains.
Compatibility Profile
Do you think regular cannabis seeds will be perfect for your planting operation? It all depends on what you want. If you desire to have a farm full of both male and female cannabis seeds, then planting regular cannabis seeds is your best bet. With your garden full of both sexes, you can experiment and create your strains. But, of course, farming cannabis doesn't have to be boring, even as a novice.
Combining these plants can give you customized varieties with unique traits. You can then proceed to develop only the strain with the trait you desire. Many commercial cannabis formers take cuttings from their plant. Suppose your plan to do this; growing out regular cannabis seeds is also your best bet. By cloning your plants, you skip the germination phase to produce fully viable clones of your regular cannabis plant. You might require help with this, though.
Should You Plant Regular Cannabis Seeds?
There exist no definite answers to this single question. It all depends on your target for planting the seeds and their compatibility for your planting operation. One of the biggest advantages of planting regular cannabis seeds is that you can produce many strains without specialized experience in cannabis farming. The processes involved in regular cannabis seeds cultivation are relatively compared with feminized and auto-flowering seeds. Since there is also an equal chance of producing both male and female plants, you can have a large repository of different strains, with both modern and classic genetics on the same piece of land. Ever heard of a pollen bank? You can also create on using your male plant population.
As you might expect, there are also many cons to growing regular seeds. These include misidentifying the sexes. The planting operation can also be very unpredictable as your seeds do not carry any genetic engineering to help through the different growth stages. The yield ratio and plant output rate can also be very unpredictable. You might also have to construct separate grow tents for both sexes. Accidental addition of a male plant in the female grows room might result in fertilization of the female flowers.
2. Feminized Cannabis Seeds
As the name suggests, feminized cannabis seeds were created to increase the chances of growing only females. By planting feminized seeds, you get a female plant 99.9 percent of the time. The possibility of germinating a male plant is almost eliminated. That means no pollen sacs but many flowers. To start with, feminized genetics is made by crossing one female plant with another. The fertilized female produces a generation of feminized seeds. How is that even possible? How can female cannabis plants produce pollen sacs needed to fertilize another female plant? The answer lies in plant genetic engineering.
To force a female plant to produce pollen, breeders use many methods. One involves stopping the production of ethylene in the plant tissues, forcing the female plant to produce pollen sacs. Various chemical agents, including colloidal silver, are used as catalysts for the process. Occasionally, female plants can also flip, relying on nature's undying desire to procreate and produce oddly-shaped pollen sacs.
Compatibility Profile
Although genetically engineered, feminized seeds also require adequate care during the different stages of growth. So, you need to learn a few proven growth strategies to help you through the growing stages. You should know that female cannabis plants prevented from fertilization will also produce flowers without seeds. Many marijuana users prefer a seedless cannabis flower.
If you prefer to see flowers on your cannabis plant and not pollen sacs, then feminized cannabis seeds are for you. Many farmers commercially grow cannabis strains for their flowers too. You will also have to learn how to deal with cannabis odor since you will have a room full of flowers. If you like to grow cannabis as a hobby, feminized seeds will help you save time too. You will save yourself the energy and time needed to sift males out of your growing space.
Why Should You Grow Feminized Cannabis Seeds?
For starters, the equal chance of producing both sexes as with regular seeds is eliminated. You are guaranteed a grow room full of genetically engineered female cannabis plants. In addition to being cost-effective, you will also get big resinous buds and save time on many tendering processes. However, it is not always exactly smooth for farmers to plant only feminized seeds. Although the yield and output can be predictable, the plants can sometimes into hermaphrodites as a result of bad genetics or environmental stress. Feminized plants are also not suitable for breeding purposes. You get less viable clones, so in most cases, you can only start from the seed.
3. Auto-flowering Cannabis Seeds
These types of cannabis seeds can automatically transition into the flowering stage without any changes to their light cycle. Compared to other cannabis seeds, auto-flowering seeds can properly move from germination to harvest with little or no external assistance. They are easy to grow, tend, and do not require the same level of complexity as in regular or feminized seeds. Auto-flowering cannabis seeds are produced by using Cannabis ruderalis genetics.
This subspecies has the auto-flowering trait and adapt perfectly to the shorter growing seasons and extreme weather conditions of Central Asia and Russia. Instead of waiting on a change in light exposure to flowers, plants with the ruderalis genetics simply depend on age and time. Breeders find it exciting to work with auto-flowering strains, combining these genetics with other subspecies to create a new generation with desired qualities.
Compatibility Profile
Auto-flowering seeds grow within a short period, making it possible to harvest a cache of cannabis in a very short time. If you are experimenting with cannabis cultivation and don't mind spending extra cash on getting seeds, then auto-flowering seeds are made for you. You can set a grow room in no time and take down your growing operation within a small window. If you only have a small growing space, auto-flowering seeds produce a short plant that fits right into small enclosures. This explains why discreet cannabis farmers choose to plant auto-flowering seeds. They grow fast into short plants and can be concealed outdoors with other regular plants.
Why Should You Grow Auto-flowering Cannabis Seeds?
There are many reasons you should consider growing auto-flowering seeds. They are compact, require little space, and smoothly transition into the flowering stage. These qualities make auto-flowering seeds suitable for guerilla growing and beginner-friendly. In addition to all these, they are also higher in CBD. If you grow a room full of high CBD plants, you are sure to get more investment returns as they are heavily in demand for medical CBD. However, the auto-flowering plant produces less THC and is not as potent as other seeds. They are difficult to clone and can sometimes give a lower yield.
So, What Do You Think?
There are many pros and cons to growing the three types of cannabis seeds. You have to consider their compatibility profile and check if they fit right into your growing operations. You can get an improved yield on these seeds if you understand how to fertilize cannabis plants and the growth requirements needed. You can also check our seed bank for improved cannabis seeds that are easy to grow and give a high harvest yield.
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