This Comment advocates that the Court afford patent protection to algorithms by adopting the standard of patentability applied in biotechnology patent law: human ingenuity. Part II describes some fundamental aspects of computer technology. Part III discusses the current state of patent law concerning patenting algorithms. Part IV demonstrates that the Court's restrictive standard of patentability is not consistent with case precedent. Part V describes how the Court's policy of precluding algorithms from patent protection subverts the patent system. Part VI explicates a standard of patentability, human ingenuity, and describes how this standard would return predictability to the patent system.
Kenneth C. Brooks,
Human Ingenuity: A Novel Standard for Patenting Algorithms, 22 Golden Gate U. L. Rev.