• DocumentCode
    1539710
  • Title

    Patenting inventions based on algorithms

  • Author

    Hauptman, G.A.

  • Author_Institution
    IBM Corp., Boulder, CO, USA
  • Issue
    2
  • fYear
    1979
  • fDate
    6/1/1979 12:00:00 AM
  • Firstpage
    92
  • Lastpage
    94
  • Abstract
    Arithmetic algorithms alone are not patentable, but physical things are. The patentability of concepts embodying both algorithmic and physical elements has been questioned for a long time. In the past, patentability was decided by criteria (such as statutory class and novelty) detailed in the patent statute. In the recent Flook case, the US Supreme Court says that arithmetic algorithms are nonpatentable because they are not `inventions´ in the first place, whether or not they are new. The effect of this decision on the patentability of methods and systems embodying both arithmetic and physical elements is known. Rough guidelines for patentability are provided.
  • Keywords
    industrial property; US Supreme Court; arithmetic algorithms; industrial property; inventions;
  • fLanguage
    English
  • Journal_Title
    Professional Communication, IEEE Transactions on
  • Publisher
    ieee
  • ISSN
    0361-1434
  • Type

    jour

  • DOI
    10.1109/TPC.1979.6500288
  • Filename
    6500288