About: Gottschalk v. Benson     Goto   Sponge   NotDistinct   Permalink

An Entity of Type : umbel-rc:Event, within Data Space : dbpedia.org associated with source document(s)
QRcode icon
http://dbpedia.org/describe/?url=http%3A%2F%2Fdbpedia.org%2Fresource%2FGottschalk_v._Benson

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.

AttributesValues
rdf:type
rdfs:label
  • Gottschalk v. Benson
rdfs:comment
  • 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.
foaf:name
  • Gottschalk, Acting Commissioner of Patents v. Benson, et al.
foaf:isPrimaryTopicOf
dct:subject
Wikipage page ID
Wikipage revision ID
Link from a Wikipage to another Wikipage
Link from a Wikipage to an external page
sameAs
loc
dbp:wikiPageUsesTemplate
ArgueDate
  • --10-16
ArgueYear
case
  • Gottschalk v. Benson,
courtlistener
DecideDate
  • --11-20
DecideYear
findlaw
fullname
  • Gottschalk, Acting Commissioner of Patents v. Benson, et al.
Holding
  • 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.
justia
Litigants
  • Gottschalk v. Benson
majority
  • Douglas
googlescholar
NotParticipating
  • Stewart, Blackmun, and Powell
has abstract
  • 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.
JoinMajority
  • Burger, Brennan, White, Marshall, Rehnquist
Faceted Search & Find service v1.17_git51 as of Sep 16 2020


Alternative Linked Data Documents: PivotViewer | iSPARQL | ODE     Content Formats:       RDF       ODATA       Microdata      About   
This material is Open Knowledge   W3C Semantic Web Technology [RDF Data] Valid XHTML + RDFa
OpenLink Virtuoso version 08.03.3321 as of Jun 2 2021, on Linux (x86_64-generic-linux-glibc25), Single-Server Edition (61 GB total memory)
Data on this page belongs to its respective rights holders.
Virtuoso Faceted Browser Copyright © 2009-2021 OpenLink Software