Legal Definitions - Freeman–Walter–Abele test

Freeman–Walter–Abele test

The Freeman–Walter–Abele test was a two-step legal standard formerly used in U.S. patent law to determine whether a claimed invention was an unpatentable mathematical algorithm. Generally, abstract ideas, laws of nature, and mathematical formulas themselves cannot be patented. This test was designed to identify inventions that were essentially just mathematical processes rather than patentable applications of those processes.

The test involved two main inquiries:

• First, it examined whether a mathematical algorithm was either explicitly stated or inherently present within the patent claim.
• Second, if an algorithm was found, the test then considered whether granting a patent on the invention would effectively prevent all others from using that mathematical algorithm, regardless of the specific application. If it did, the invention was likely deemed unpatentable.

It is important to note that this test is now largely considered outdated and has little relevance in current patent law. Subsequent court decisions have introduced different frameworks for assessing the patentability of software and business methods.

Here are a few hypothetical scenarios illustrating how the Freeman–Walter–Abele test would have been applied in the past:

• Example 1: A New Financial Calculation Method

  Imagine a software developer in the late 1970s created a novel mathematical formula to predict stock market fluctuations with greater accuracy. They sought a patent for this "Stock Market Prediction Algorithm." Under the Freeman–Walter–Abele test, a court would first identify that the core of the invention was indeed a mathematical algorithm. Second, it would assess whether granting a patent on this algorithm would prevent anyone else from using that specific mathematical approach to predict stock prices, even if they applied it in a different software program or context. If the patent claim was broad enough to essentially monopolize the mathematical formula itself, it would likely be deemed unpatentable.

• Example 2: An Advanced Image Compression Technique

  Consider a researcher who developed a groundbreaking mathematical method for compressing digital images, making file sizes significantly smaller without losing quality. If they tried to patent "The Universal Image Compression Algorithm," the test would first recognize the explicit mathematical algorithm at its heart. Then, the court would evaluate if patenting this algorithm would effectively block all other developers from using that fundamental mathematical technique for image compression, regardless of their specific software implementation. If the claim was seen as an attempt to patent the mathematical concept itself, rather than a specific application, it would likely fail the test.

• Example 3: A System for Optimizing Delivery Routes

  Suppose a logistics company devised a new mathematical algorithm to calculate the most efficient delivery routes for a fleet of trucks, minimizing fuel consumption and delivery time. If they attempted to patent "The Optimal Route Calculation System," the Freeman–Walter–Abele test would first identify the underlying mathematical algorithm for route optimization. Next, it would determine if granting a patent would prevent any other company from using that mathematical approach to optimize routes, even if they developed their own software or system around it. If the patent claim was perceived as an attempt to own the mathematical solution to the routing problem itself, it would likely be found unpatentable under this historical standard.