Diamond v. Diehr (KyleR): Difference between revisions
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*involves a patent for "the process of constantly measuring the temperature inside the [rubber] mold and feeding the temperature measurements into a computer that repeatedly recalculates the cure time by use of the mathematical equation and then signals a device to open the press at the proper time." | *involves a patent for "the process of constantly measuring the temperature inside the [rubber] mold and feeding the temperature measurements into a computer that repeatedly recalculates the cure time by use of the mathematical equation and then signals a device to open the press at the proper time." | ||
*Supreme Court decided this to be patentable | *Supreme Court decided this to be patentable | ||
*"Industrial processes such as respondents' claims for transforming raw, uncured synthetic rubber into a different state or thing are the types which have historically been eligible to receive patent-law protection." | *"Industrial processes such as respondents' claims for transforming raw, uncured synthetic rubber into a different state or thing are the types which have historically been eligible to receive patent-law protection." | ||
*While the claim involves a mathematical equation, it is seeking a patent on the process of curing synthetic rubber. The applicants do not seek to pre-empt the use of the equation in other applications. | *While the claim involves a mathematical equation, it is seeking a patent on the process of curing synthetic rubber. The applicants do not seek to pre-empt the use of the equation in other applications. | ||
*A claim containing a mathematical formula is patentable if the formula is implemented or applied in a process that performs a patentable function. | *A claim containing a mathematical formula is patentable if the formula is implemented or applied in a process that performs a patentable function. | ||
*the involvement of a computer does not necessarily make a claim nonstatutory | *the involvement of a computer does not necessarily make a claim nonstatutory | ||
*"Congress intended statutory subject matter to 'include anything under the sun that is made by man.'" | *"Congress intended statutory subject matter to 'include anything under the sun that is made by man.'" | ||
*"A process is a mode of treatment of certain materials to produce a given result." | *"A process is a mode of treatment of certain materials to produce a given result." | ||
*Dissenting opinion: the question of the patentability of computer programs cannot be addressed by the Court. There is also a concern about the ability of the Patent Office to process the flood of new applications. | *Dissenting opinion: the question of the patentability of computer programs cannot be addressed by the Court. There is also a concern about the ability of the Patent Office to process the flood of new applications. | ||
Revision as of 05:55, 9 March 2011
- 1981
- involves a patent for "the process of constantly measuring the temperature inside the [rubber] mold and feeding the temperature measurements into a computer that repeatedly recalculates the cure time by use of the mathematical equation and then signals a device to open the press at the proper time."
- Supreme Court decided this to be patentable
- "Industrial processes such as respondents' claims for transforming raw, uncured synthetic rubber into a different state or thing are the types which have historically been eligible to receive patent-law protection."
- While the claim involves a mathematical equation, it is seeking a patent on the process of curing synthetic rubber. The applicants do not seek to pre-empt the use of the equation in other applications.
- A claim containing a mathematical formula is patentable if the formula is implemented or applied in a process that performs a patentable function.
- the involvement of a computer does not necessarily make a claim nonstatutory
- "Congress intended statutory subject matter to 'include anything under the sun that is made by man.'"
- "A process is a mode of treatment of certain materials to produce a given result."
- Dissenting opinion: the question of the patentability of computer programs cannot be addressed by the Court. There is also a concern about the ability of the Patent Office to process the flood of new applications.
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