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March 17, 2006
Computer Automation Not Patentable
An aspersion often cast towards business method patents is that such patents simply claim a known process that's been computerized. A common misconception is that automating a known process using a computer is per se patentable. It's not.
MPEP 2106 8r4 reminds: "Moreover, merely using a computer to automate a known process does not by itself impart nonobviousness to the invention. See Dann v. Johnston, 425 U.S. 219, 227-30, 189 USPQ 257, 261 (1976); In re Venner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958)."
Posted by Patent Hawk at March 17, 2006 12:03 AM | Prosecution