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Parker v. Flook ruling by US Supreme Court on 22 June 1978
Revision as of 08:39, 28 March 2010 by Ciaran (talk | contribs) (This ruling confirmed that math is not patentable, which is useful when arguing that software is math.)
Parker v Flook, 437 U.S. 584 (1978) was a case in the Supreme Court of the USA.
This ruling confirmed that math is not patentable, which is useful when arguing that software is math.
Excerpts
- "Respondent's method for updating alarm limits during catalytic conversion processes, in which the only novel feature is a mathematical formula, held not patentable under 101 of the Patent Act." (the ruling's first line)
- "[t]he process itself, not merely the mathematical algorithm [...] must be new and useful." at 591
- "[t]he notion that post-solution activity, no matter how conventional or obvious in itself, can transform an unpatentable principle into a patentable process exalts form over substance" because "[a] competent draftsman could attach some form of post-solution activity to almost any mathematical formula"
