Gottschalk v. Benson, 409 U.S. 63 (1972) Notes
§ 100. Definitions
How Current is This? When used in this title unless the context otherwise indicates—
(a) The term “invention” means invention or discovery.
(b) The term “process” means process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.
(c) The terms “United States” and “this country” mean the United States of America, its territories and possessions.
(d) The word “patentee” includes not only the patentee to whom the patent was issued but also the successors in title to the patentee.
(e) The term “third-party requester” means a person requesting ex parte reexamination under section 302 or inter partes reexamination under section 311 who is not the patent owner.
§ 101. Inventions patentable
How Current is This? Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The Case
related "to the processing of data by program and more particularly to the programmed conversion of numerical information" in general-purpose digital computers. They claimed a method for converting binary-coded decimal (BCD) numerals into pure binary numerals.
- PTO rejects claims 8, 13
- Court of Patent Appeals sustains claims 8, 13
Question: Is the method described a "process" as Patent Act describes it?
- method varies the way a human would convert decimal to binary (make it more efficient?)
- have to apply method to useful end if going to be patentable
