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
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