PARKER v. FLOOK

No. 77-642.

437 U.S. 584 (1978)

PARKER, ACTING COMMISSIONER OF PATENTS AND TRADEMARKS v. FLOOK.

Supreme Court of United States.

Decided June 22, 1978.


Attorney(s) appearing for the Case

Deputy Solicitor General Wallace argued the cause for petitioner. On the briefs were Solicitor General McCree, Assistant Attorney General Shenefield, Richard H. Stern, Joseph F. Nakamura, and Jere W. Sears.

D. Dennis Allegretti argued the cause for respondent. With him on the brief were Charles G. Call, Edward W. Remus, and Frank J. Uxa, Jr.*

Briefs of amici curiae urging affirmance were filed by Carol A. Cohen for Applied Data Research, Inc.; and by Morton C. Jacobs and David Cohen for the Association of Data Processing Service Organizations.

Briefs of amici curiae were filed by James W. Geriak for the American Patent Law Assn. et al.; by Richard E. Kurtz, Michael G. Gilman, and Charles A. Huggett for Mobil Oil Corp.; and by Reed C. Lawlor and Theodore H. Lassagne for Software Associates, Inc.


MR. JUSTICE STEVENS delivered the opinion of the Court.

Respondent applied for a patent on a "Method for Updating Alarm Limits." The only novel feature of the method is a mathematical formula. In Gottschalk v. Benson, 409 U.S. 63, we held that the discovery of a novel and useful mathematical formula may not be patented. The question in this case is whether the identification of...

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