BEN KLEMENS
THE RISE OF THE INFORMATION PROCESSING PATENT BEN KLEMENS* ABSTRACT Now is the right time to revisit an old but still contentious question: should software and business methods be patentable? On the legal front, the debate hinges over whether a claimed invention consisting of an information processing step plus a trivial physical step can be claimed as a bona fide physical innovation. The Supreme Court ruled three times that it can not, but the Court of Appeals for the Federal Circuit ruled that MoreIs a computer, upon which is programmed a mathematical algorithm, a patentable device? This is the form of the question that has been debated in the courts for ... Less
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