Computational Complexity and the Scope of Software Patents

Andrew Chin

University of North Carolina (UNC) at Chapel Hill - School of Law

Jurimetrics Journal, Vol. 39, Fall 1998

Recent developments in patent law, most notably the effective nullification of the Supreme Court's 1972 Benson decision excluding mathematical algorithms from patentable subject matter, have attempted to reflect an increasingly sophisticated approach to computer science and technology. Despite this, the patent system has continued to disregard computational complexity, an issue of central concern to computer scientists and of strategic importance to U.S. information technology policy. This Article proposes a development of patent scope doctrine that would introduce the issue of computational complexity into patent infringement analysis, thereby encouraging more efficient algorithm design, enhancing public benefits from complementary improvements in computer hardware, and strengthening the institutional competence of the patent system.

Keywords: patent law, software patents, business method patents, doctrine of equivalents, computational complexity theory

JEL Classification: O34, K00, L63, L86

Not Available For Download

Date posted: October 29, 2002  

Suggested Citation

Chin, Andrew, Computational Complexity and the Scope of Software Patents. Jurimetrics Journal, Vol. 39, Fall 1998. Available at SSRN: http://ssrn.com/abstract=331940

Contact Information

Andrew Chin (Contact Author)
University of North Carolina (UNC) at Chapel Hill - School of Law ( email )
Van Hecke-Wettach Hall
100 Ridge Road
Chapel Hill, NC 27599-3380
United States
919-962-4116 (Phone)

Feedback to SSRN

Paper statistics
Abstract Views: 2,625
Paper comments
No comments have been made on this paper

© 2016 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollobot1 in 0.188 seconds