Gottschalk v Benson (1972) 409 US 63

Posted by Unknown on Tuesday, June 28, 2005 with No comments
At 67: "The Court stated in Mackay Co v Radio Corp., 309 US 86,94, that "while a scientific truth, or the mathematical expression of it, is not a patentable invention, a novel and useful structure created with the aid of knowledge of scientific truth may be"
Le Roy v Tatham, 14 How 156,175: "A principle, in the abstract, is a fundamental truth; an original cause; a motive; these cannot be patented, as no one can claim in either of them an exclusive right".

At 68: " O'Reilly v Morse, 15 How 62: "For aught that we know, some future inventor, in the onward march of science, may discover <a new means of achieving a patent awarded for known and unknown uses> without using any part of the process or combination set forth in the plaintiff's specification. His invention may be less complicated -- less liable to get out of order -- less expensive in construction, and in its operation. But yet, if it is covered by this patent, the inventor could not use it, nor the public have the benefit of it, without the permission of this patentee."
At 69: "The chemical process or the physical acts which transform the raw material are ... sufficiently definite to confine the patent monopoly within rather definite bounds."
at 72: "The President's Commission on the Patent System rejected the proposal that these programs be patentable:
'... The Patent Office now cannot examine applications for programs because of a lack of classification technique and the requisite search files. Even if these were available, reliable searches would not be feasible or economic because of the tremendous volume of prior art being generated. Without this search, the patenting of programs would be tantamount to mere registration and the presumption of validity would be all but nonexistent.
It is noted that the creation of programs has undergone substantial and satisfactory growth in the absence of patent protection and that copyright protection for programs is presently unavailable.'
 And that's it! A short case.