"As explained by the Court, the test serves as a proxy for assessing the more fundamental concern – ensuring that the claim does not seek to impermissibly "preempt the use of a fundamental principle." This might make sense in the context of so-called business method patents, where the fundamental principle implicated is typically characterized as an abstract idea or mental process. But it is unclear to what extent this test will prove applicable to patent claims arising out of the life sciences, where patentable subject matter challenges more often allege preemption of a natural phenomena or law of nature, rather than an abstract idea or mental process."

"ICANN recently has wanted to make a lot of changes to its standard Registrar Accreditation Agreement. It found that it was was constrained by an even earlier version of the consensus policy process idea, and has found this frustrating. So it wants the flexibility to make changes without going through a policy process, and it’s (initially) saying that although those changes can be overridden in some ways they will automatically become effective if they are *not* overridden."