Economiavazi: Software Patents
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Started by: zoobabzoobab
Date: 23 Sep 2008 16:43
Number of posts: 1
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The above excerpt of § 101 is the basis of patent law in the U.S. With the exception of a small modification in 1952, § 101 has remained virtually unchanged since written by Thomas Jefferson. Until recent times, the statute gathered little attention. However, with the addition of software and business method patents in the 1980’s, the statute has been the subject of dispute. Until about 1981, the U.S. Patent Office held that steps performed by a computer were unpatentable under at least § 101. However, in Diamond v. Diehr, 450 U.S. 175 (1981), the Supreme Court overruled the Patent Office and held that, though an algorithm and the like are abstract and unpatentable, the fact that an otherwise patentable process is carried out on a computer does not make it unpatentable.
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