Benson Revisited: The Case Against Patent Protection For Algorithms and Other Computer Program-Related Inventions

Abstract

For the purpose of clarifying the public policy debate over the proper role for patents in the protection of computer program innovations, this article revisits the 1972 Supreme Court decision in Gottschalk v. Benson. 1 It argues that although the Benson Court did not clearly articulate the rationale for its decision, there is a basis in patent law for denying patents to computer program algorithms and to a number of other computer program-related innovations.

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