Document Type
Comment
Abstract
The United States has long prided itself on its societal ingenuity. In fostering such ingenuity, courts have implemented a patenting system whereby inventors can prevent others from unlawfully profiting from their discoveries. However, there are limitations to the patentability of certain innovations. With the technological boom in the latter part of the twentieth century, courts have had to continually revisit the area of subject matter patentability. Specifically, the judiciary has been wary of patenting software. Although the Supreme Court has stated that Congress intended “anything under the sun that is made by man to be patentable,” courts have struggled with the issue of software patentability beginning with the seminal case of Gottschalk v. Benson.
Recommended Citation
Zainabu Rumala,
Interpretation Spawns Rethinking of Patent Law: A Jurisprudential Review of the Courts' Treatment of Software Patents,
11 J. Tech. L. & Pol'y
(2006).
Available at: https://scholarship.law.ufl.edu/jtlp/vol11/iss1/7