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In the previous issue, Stern traced the history of two "clues" to patent-eligibility: substance-transformation and device-implementation. This issue, he focuses on another clue to patent-eligibility that has received insufficient attention: the US Constitution's limitation of congressional power in the patent field to what it termed "the useful Arts." Stern explores that limitation and points out how it affects business-method patents.
law, patents, patent-eligibility, device-implementation, useful arts, business-process patents, software patents
Richard Stern, "What Kinds of Computer-Software-Related Advances (if Any) Are Eligible for Patents? Part II: The "Useful Arts" Requirement", IEEE Micro, vol. 28, no. , pp. 64-70, September/October 2008, doi:10.1109/MM.2008.81
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