Algorithm - Legal Issues

Legal Issues

See also: Software patents for a general overview of the patentability of software, including computer-implemented algorithms.

Algorithms, by themselves, are not usually patentable. In the United States, a claim consisting solely of simple manipulations of abstract concepts, numbers, or signals does not constitute "processes" (USPTO 2006), and hence algorithms are not patentable (as in Gottschalk v. Benson). However, practical applications of algorithms are sometimes patentable. For example, in Diamond v. Diehr, the application of a simple feedback algorithm to aid in the curing of synthetic rubber was deemed patentable. The patenting of software is highly controversial, and there are highly criticized patents involving algorithms, especially data compression algorithms, such as Unisys' LZW patent.

Additionally, some cryptographic algorithms have export restrictions (see export of cryptography).

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