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Reading your first link, one would think the patents in the Benson and Flook cases would be patentable, since both had claimed practical application. We see he
by brlewis 16y ago
Reading your first link, one would think the patents in the Benson and Flook cases would be patentable, since both had claimed practical application. We see here that in most cases the Supreme Court does not get to decide what is and isn't patentable.
The Supreme Court's Bilski decision essentially smacked down the Federal Circuit's State Street decision. But again, this would only matter if the patent office and lower courts respected the Supreme Court.