Gottschalk v. Benson

Gottschalk v. Benson
Supreme Court of the United States
Argued October 16, 1972
Decided November 20, 1972
Full case nameGottschalk, Acting Commissioner of Patents v. Benson, et al.
Citations409 U.S. 63 (more)
93 S. Ct. 253; 34 L. Ed. 2d 273; 1972 U.S. LEXIS 129; 175 U.S.P.Q. (BNA) 673
Case history
PriorApplication of Benson, 441 F.2d 682 (C.C.P.A. 1971), cert. granted, 405 U.S. 915 (1972).
SubsequentDiamond v. Diehr, Diamond v. Chakrabarty
Holding
Respondents' method for converting numerical information from binary-coded decimal numbers into pure binary numbers, for use in programming conventional general-purpose digital computers is merely a series of mathematical calculations or mental steps and does not constitute a patentable "process" within the meaning of the Patent Act, 35 U.S.C. 100 (b). Pp. 64-73.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinion
MajorityDouglas, joined by Burger, Brennan, White, Marshall, Rehnquist
Stewart, Blackmun, and Powell took no part in the consideration or decision of the case.
Laws applied
§ 101 of the Patent Act of 1952

Gottschalk v. Benson, 409 U.S. 63 (1972), 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."[1] 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 [and] indirect attempts to obtain patents and avoid the rejection ... have confused the issue further and should not be permitted."[2] The case was argued on October 16, 1972, and was decided November 20, 1972.

  1. ^ Gottschalk v. Benson, 409 U.S. 63, 72 (1972).
  2. ^ Gottschalk, 409 U.S. at 72 (citing "To Promote the Progress of . . . Useful Arts," Report of the President's Commission on the Patent System (1966)).