Group items tagged

Theoretically, you could have performed the calculations with a pencil and paper, but no one actually did so. Yet the Supreme Court still held them to be unpatentable mental processes.

The Federal Circuit displays a similar confusion about a more recent case, this one involving an algorithm for digital image half-toning. The court upheld the patent despite the fact that mathematical formulas were "admittedly a significant part" of the patent's claims. In Tuesday's opinion, the court argued that the half-toning patent was different from the fraud-detection patent because the half-toning algorithm "required the manipulation of computer data structures (e.g. the pixels of a digital image and a two-dimensional array known as a mask)."

Of course, a "computer data structure" is just a way of organizing numbers and symbols. When I served as a teacher's assistant (TA) for computer science courses in grad school, I would regularly draw diagrams of data structures on the whiteboard and perform example calculations on them. Similarly, many branches of math involve manipulating "data structures" like ordered pairs and matrices—presumably the Federal Circuit doesn't think you can patent new results in linear algebra because "data structures" are involved.