Results for patentable subject matter

Ex parte Sauerberg

Case Number: CLB0430

Date: 12.01.2017

Safe harbor provision does not shield a divisional application from the double patenting effect of a patent that issued before the divisional application was filed.

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Gottschalk v. Benson

Case Number: CLB0257

Date: 11.20.1972

The Supreme Court held that an invention claimed as a process that is (a) defined by an algorithm with no practical use except in the programmed manipulation of signals in a digital computer, and (b) not limited to a subset of possible applications, do not fall within the requirements of statutory subject matter under Section 101.

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Parker v. Flook

Case Number: CLB0256

Date: 06.22.1978

The Supreme Court holds that an invention which has no inventive concept other than the use of a mathematical algorithm is not patentable. The mathematical algorithm itself is treated as part of the prior art.

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