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Hastings Law Journal

Authors

Paul Haughey

Abstract

The United States Supreme Court in Parker v. Flook held that a process comprising primarily a computer program was not proper subject matter for a patent under 35 U.S.C. § 101. The author analyzes the opinion and challenges the Court's reasoning, which confuses statutory subject matter with questions of novelty and obviousness under 35 U.S.C. §§ 102 and 103. The impact of the decision on the future of computer program patents is also discussed.

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