User:Charles R Talley/notes0207: Difference between revisions
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Created page with "==Gottschalk v. Benson== *Relates primarily to 35 U.S.C. 101 (inventions patentable) **process, machine, manufacture, or composition of matter *"Process" is difficult to define *..." |
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==Gottschalk v. Benson== | ==Gottschalk v. Benson== | ||
*1972 | |||
*Relates primarily to 35 U.S.C. 101 (inventions patentable) | *Relates primarily to 35 U.S.C. 101 (inventions patentable) | ||
**process, machine, manufacture, or composition of matter | **process, machine, manufacture, or composition of matter | ||
| Line 6: | Line 7: | ||
**Computer programs | **Computer programs | ||
*Article !, Section 8 of Constitution | *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 | |||
Latest revision as of 17:27, 7 February 2011
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
