Process Patents for Computer Programs (original) (raw)

1968, California Law Review

In today's expanding age of scientific and technological advances, the electronic computer 1 has captured both the imagination and spirit of the times. Its usefulness in the newly developed areas of science, together with its growing applicability to the diverse functions of modern society, reflects its importance and permanence.' Yet the computer's advent has not been without growing pains. In the area of patent law, a continuing controversy has developed over the statutory protection available to the controlling element of the computer-the computer program. This Comment will discuss the scope and effectiveness of the protection which the patent laws afford to computer programs. Part I will be devoted to a study and description of the computer device and the computer program. Part II will discuss the possibility of patent protection for programs. In this area, three approaches to program patenting will be considered: machine claims, machine combination claims, and process claims. Finally, part III will briefly analyze section 106 of the proposed patent reform bill. THE COMPUTER: MACHI ANI) PROGRAM Since the computer's inception in the early 1950's, computer research and development has proved one of the largest, fastest growing industries in the world. Computers have found extensive use in such diversified areas as business data processing (including compilation of actuarial tables), commercial banking, communications, education, government activities, process and production control, retailing, and legal research. 4 Within the computer industry there are three major fronts of emphasis. The first involves the production and merchandising of the computer device. A second sector of the industry is devoted to the development of the peripheral equipment which supplements the main computer mecha-1 The electronic computer may be classified into two categories-the digital computer and the analog computer. The digital computer is a logic device, with stored information capabilities, controlled by a program. The analog computer is an unprogramed device which operates by converting physical parameters into equivalent electrical parameters.