Gottschalk v. Benson (901422128)

Read for 2/7/11

Reading Notes

• Benson filed a patent for a method for converting numerical information from binary-coded decimal numbers into pure binary numbers
  • Ruled as merely a series of mathematical calculations or mental steps
• Claims were not limited to any specific machine, technology, use, etc.
• Need to determine if the method described is a "process"
  • The procedure in the present claim is an algorithm
• The conversion from BCD to pure binary can be done mentally using a table
  • This method varies the ordinary human steps by changing the order and symbolism and by taking subtotals after each operation
• Cite previous examples of including a law into a process
  • Claims need to be limited to a specific arrangement of machinery or something similar

Laws of patentability

• Phenomena of nature, mental processes, and abstract intellectual concepts cannot be patented
  • A novel and useful structure created with the air of one of these may be patentable
• The key to the patentability of a process which does not involve a specific machine is

A process is a mode of treatment of certain materials to produce a given result. It is an act, or a series of acts, performed upon the subject-matter to be transformed and reduced to a different state or thing.

• • Process patent must either use a particular machine or apparatus or must change the articles or materials to a different state or thing
• Creation of programs has grown substantially without patent protection