User:Charles R Talley/notes0207

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Gottschalk v. Benson

  • 1972
  • Relates primarily to 35 U.S.C. 101 (inventions patentable)
    • process, machine, manufacture, or composition of matter
  • "Process" is difficult to define
    • Recently, methods of doing business
    • Computer programs
  • Article !, Section 8 of Constitution
  • Benson was seeking the patent; Gottschalk at PTO denied; CCPA granted; USSC denied

Conclusions

  • Can't patent an idea
    • Would stop all innovative progress
    • For something to be patentable, you have to apply ideas to something new and useful.
  • Not In 101
    • Scientific truth
    • Mathematical expression of a scientific truth
    • Idea (reduction to practice)
    • Phenomena of nature (even newly discovered)
  • In 101
    • Structure created with knowledge
    • Application of the law
    • Process resulting in changes (transformations) in materials.
  • Claims 8 & 13 are too fundamental and sweeping, so granting a patent would eliminate too much possible innovation/invention.
  • Process alone is often too fundamental; usually need to include an application
  • Patentability of Computer Programs
    • No current classification; so unpatentable
    • PTO is freaking out