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Gottschalk v. Benson
''Gottschalk v. Benson'', 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 () indirect attempts to obtain patents and avoid the rejection ... have confused the issue further and should not be permitted."〔("GOTTSCHALK v. BENSON, 409 U.S. 63 (1972)" )〕 The case was argued on October 16, 1972 and was decided November 20, 1972.
==Prior history==
The case revolves around an application for a patent for a method for converting binary-coded decimal (BCD) numerals into pure binary numerals on a general purpose digital computer. The patent examiner at the United States Patent Office, now called the United States Patent and Trademark Office or PTO, rejected the patent application as being directed to a mathematical expression. Pure mathematical expressions had been held to be unpatentable under earlier patent laws in ''Mackay Co. v. Radio Corp.'', . The applicant appealed to the Board of Patent Appeals and Interferences. The Board affirmed the examiner’s rejection. The applicant further appealed to the Court of Customs and Patent Appeals. The Court reversed the Board. Finally, the Commissioner of Patents and Trademarks filed a petition for a writ of certiorari to the Supreme Court.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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