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- Gottschalk v. Benson, 409 U.S. 63 (1972), was a United States Supreme Court case in which the Court ruled that a process claim directed to a numerical algorithm, as such, was not patentable because "the patent would wholly pre-empt the mathematical formula and in practical effect would be a patent on the algorithm itself." That would be tantamount to allowing a patent on an abstract idea, contrary to precedent dating back to the middle of the 19th century. The ruling stated "Direct attempts to patent programs have been rejected [and] indirect attempts to obtain patents and avoid the rejection ... have confused the issue further and should not be permitted." The case was argued on October 16, 1972, and was decided November 20, 1972. (en)
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- 0001-10-16 (xsd:gMonthDay)
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- Gottschalk v. Benson, (en)
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- 0001-11-20 (xsd:gMonthDay)
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- Gottschalk, Acting Commissioner of Patents v. Benson, et al. (en)
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- Respondents' method for converting numerical information from binary-coded decimal numbers into pure binary numbers, for use in programming conventional general-purpose digital computers is merely a series of mathematical calculations or mental steps and does not constitute a patentable "process" within the meaning of the Patent Act, 35 U.S.C. 100 . Pp. 64-73. (en)
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| dbp:joinmajority
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- Burger, Brennan, White, Marshall, Rehnquist (en)
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- § 101 of the Patent Act of 1952 (en)
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- Gottschalk v. Benson (en)
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- Stewart, Blackmun, and Powell (en)
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| dbp:subsequent
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- Diamond v. Diehr, Diamond v. Chakrabarty (en)
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- Gottschalk v. Benson, 409 U.S. 63 (1972), was a United States Supreme Court case in which the Court ruled that a process claim directed to a numerical algorithm, as such, was not patentable because "the patent would wholly pre-empt the mathematical formula and in practical effect would be a patent on the algorithm itself." That would be tantamount to allowing a patent on an abstract idea, contrary to precedent dating back to the middle of the 19th century. The ruling stated "Direct attempts to patent programs have been rejected [and] indirect attempts to obtain patents and avoid the rejection ... have confused the issue further and should not be permitted." The case was argued on October 16, 1972, and was decided November 20, 1972. (en)
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- Gottschalk v. Benson (en)
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- (en)
- Gottschalk, Acting Commissioner of Patents v. Benson, et al. (en)
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